The Developer's Digest, July to August 2015 Issue

kpdadevelopers

JULY – AUGUST 2015 ISSUE

The Land Regime in Kenya:

Implementation Challenges

IN

THIS

ISSUE

Industry Experts

KPDA Directory of Members

NCC Permitting Approvals


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The Developer’s

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A KPDA PUBLICATION

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Page 1:

Page 3:

Page 8:

From the Secretariat

Focus on Policy

Overview on KPDA

Activities

Page 15: KPDA Partnerships

Page 18: Industry Experts

Page 21: A Word from the UN

Habitat

Page 25: Directory of KPDA

Members

Page 28: Analysis of Nairobi City

County Permitting

Approvals

Page 36: The Developer’s Digest:

Advertising Rate Card

Palkesh Shah

Board Member

Margaret Kibe

Board Member

Kenneth Luusa

Board Member

Gikonyo Gitonga

Board Member

KPDA SECRETARIAT

Elizabeth Mwangi - Oluoch - CEO

Miriam Mwai - Membership Relations Officer

Nelly Oneya - Finance and Administrative Assistant

Peter Mbugua - Research and Development Intern

Mwenda Thuranira

Board Member

Visit us online

The Secretariat address is :

Fatima Flats, Suite 4B, Marcus Garvey Road off Argwings Kodhek

Road, Nairobi | Tel: + 254 737 530 290 | 0705 277787

Email: admin@kpda.or.ke | Website: www.kpda.or.ke

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Kenya Property Developers Association... Development brings Development!


FROM THE SECRETARIAT

Dear Readers,

Welcome to another issue of The

Developer’s Digest. First of all, I am

extremely pleased to announce that

KPDA now has 82 members! That

number is a clear indicator of the

undeniable significance our Association

plays in the industry.

In this issue, I am pleased to inform you

that we are expanding the scope of our

newsletter to feature more informative

matters and we even want to include

you dear reader, as a contributor.

As part of the ‘ HAVE YOUR SAY,’ column, I

wish to extend an invitation to you KPDA

member, partner or affiliate to send us

an article on any industry issue that you

would like to write on, to the secretariat.

You article should not exceed 500 words

and please remember to include a

coloured photograph of yourself as well

as your full names and very brief profile.

Contact us on admin@kpda.or.ke for

more information on this.

We have also included an ‘INDUSTRY

EXPERTS’ column that will feature

articles from experts in the industry

talking about what is currently trending.

In this issue, Coulson Harney Advocates

have shared an interesting article on the

effects that current legislation has on the

property industry. This is a mandatory

read if you are a property developer.

As has been the trend, we have also

analysed data on building permitting

approvals that we receive on a quarterly

basis from the Nairobi City County. Is it

any wonder that Karen and its environs

have the highest number of approvals as

at the 2nd quarter of 2015 and hence the

nuisance of traffic jams along Lang’ata

Road? There is much more to take note

of in terms of the types of building

approvals being given and all this is

captured under the section ‘NAIROBI

CITY COUNTY PERMITTING APPROVALS.’

If you are a KPDA member wondering

how you can get more proactive, then

why not join one of the Association’s

committees? We have two main

committees; the Membership and

Outreach Committee and the Policy and

Advocacy Committee. Please contact

the secretariat for more information on

how you can join them as well as the

benefits of being proactive through

them.

Finally, I would like to invite all our

members to participate in our activities.

Our forums are meant to meet your

educative, informative and business

networking needs and we are always

delighted to organize them and host

you.

In the words of world renowned golfer

Tiger Woods, “No matter how good

you get you can always get better, and

that’s the exciting part,” here’s to an ever

improving September!

Elizabeth

KENYA PROPERTY DEVELOPERS ASSOCIATION

TWITTER

@DevBringsDev

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Kenya Property

Developers Association

KPDA wishes to welcome our newest members:

• Strauss Energy Limited

• Muriu Mungai & Company Advocates

• Mereka & Company Advocates

• Unity Homes Limited

• Imaran Real Estate Limited

• Rozana Properties Limited

KENYA PROPERTY DEVELOPERS ASSOCIATION

Welcome to the KPDA Family!

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Invitation to our events and forums

Information trending in the property industry and so much more!

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FOCUS ON POLICY

FOCUS ON POLICY

REGISTRATION OF PROPERTY IN KENYA

Findings of the Study Review of

Registration of Property (Land) in Kenya

A study conducted by the Kenya Institute

for Public Policy Research and Analysis

(KIPPRA)

BACKGROUND

Clearly defined property rights are the

cornerstone of the property market

and thus economic development. Such

clarity facilitates efficiency by promoting

voluntary exchange of property to

the highest bidder. However, clarity

of property rights without protection

through an efficient registration process

is not a sufficient condition to guarantee

market efficiency.

Over the years, Kenya’s rankings in the

World Bank’s Doing Business annual

report have declined from position 71 in

2006 to 131 in 2014 and further declined

to 136 in 2015. As a critical factor of

production, land has a major role in an

economy. The process of registering

land forms part of the key indicators

reviewed annually by the World Bank

Doing Business rankings.

This indicator embodies the procedural

process that an investor must follow

while purchasing and selling property.

In view of this, the Kenya Institute for

Public Policy Research and Analysis

(KIPPRA) conducted a study in April/May

2015 to review the process of registering

property (land) with regards to time,

costs, and associated procedures and

challenges in selected counties in Kenya.

Although the government has

introduced land reforms, including

policy and regulatory changes, to

enhance efficiency in land transactions,

the process of registratering land

does not seem to have improved,

warranting the need for review from a

policy perspective. On 16th June 2015,

preliminary findings on “Registration

of Property in Kenya” were presented

during a policy dialogue at the Panafric

Hotel.

Participants during the dialogue included

lawyers, architects, property developers,

representatives from the National and

County Government including Ministry

of Land, Housing & Urban Development

and Nairobi City County; other

government agencies including The

Board of Registration of Architects and

Quality Surveyors of Kenya (BORAQS)

and National Housing Corporation

(NHC); the civil society including Land

Development and Governance Institute

and Kenya Land Alliance and private

sector representatives and professional

organizations including Kenya Private

Sector Alliance (KEPSA), Kenya Property

Developers Association (KPDA),

Architectural Association of Kenya (AAK),

Institute of Surveyors of Kenya, Kenya

Bankers Association (KBA) and Kenya

Association of Manufactures (KAM).

During the policy dialogue, Prof.

Joseph Kieyah of KIPPRA presented the

regulatory land reforms in Kenya, linking

them to the study’s findings.The study

revealed a multiplicity of procedures and

agencies associated with registration of

property and the lack of clarity of roles of

Ministry of Lands and the National Land

Commission.

Furthermore, the study affirmed that the

procedure associated with registration

of property remains largely unchanged

despite the recent regulatory reforms

and in some instances introduced

more registration delays and increased

bureaucracy.

The key policy issues identified during

the policy dialogue included: The

importance of establishing appropriate

land rights on all forms of land

(especially community land); the need to

establish an effective dispute resolution

mechanism; the need for clarity of

roles of key players; the importance of

a clean efficient and effective digitised

land registries with clean titles; the

importance of rationalizing functions to

ensure efficiency and the importance of

a appropriate regulatory framework.

_ Prof. Joseph Kieyah and Anne Gitonga

INTRODUCTION

One of the factors that influence an

investor’s investment choice is access to

land. The categories of land include:

- Private

- Public

- Community land

JUSTIFICATION OF THE LAND

Given the importance of land and

persistent land challenges, Kenya has

carried out a number of reforms in the

recent years. Kenya has however been

performing poorly Doing Business

rankings over the years, and is ranking

at 136 out of the 189 economies in the

2015 report.

Procedures of registering property have

for instance remained constant over

the last nine to ten years. The duration

has also remained unchanged. This

study will therefore review the process

of registering property in Kenya with

the aim of identifying opportunities for

improvement

WORLD BANK INDICATOR:

Registration of Property

Reviews procedures, time and costs

associated with transferring property;

- It follows the procedures followed by

an investor purchasing property and

subsequently transferring the property.

Review is based on a number of

assumptions key amongst them are:

The property is 100% domestically

& privately owned.

The property has no mortgage

and is free of titles disputes.

• Land has a building and is located

in a peri-urban commercial zone.

The key challenge of these assumptions

are:

They serve a certain clientele;

• Ignore a larger population which

deals with property registration on

a daily basis;

• May fail to hold in certain

economies.

METHODOLOGY

LEGAL FRAMEWORK

1. The Constitution of Kenya (2010)

• Compulsory Acquisition doctrine

• Regulatory

• Interface between categories

2. Establishes the principles of land

policy

3. Statutory Framework:

- Registration;

• Land Registration Act

• Survey Act

- Substantive Issues:

• Land Act

• National Land Commission Act

• Urban Areas and Cities Act

POLICY REVIEW: LAND

REFORMS FRAMEWORK

The reforms were aimed at enhancing

efficiency in land administration and

management. Howeverm they are

outdated and complex land laws

addressed through simplification and

the enactment of the Land Acts of 2012.

Land administration has changed

with the establishment of the National

Land Commission and the County

Land Management Boards. There is a

grave need to establish of land titling

centre to facilitate the processing and

digitization of land titled.

NEED FOR FURTHER

REFORMS

Key informants expressed the need for

further reforms on;

• Enhancing efficiency in the

conveyance process to reduce the

duration.

• Establishing a monitoring and

evaluation mechanism for land

registration.

• Enhancing human and capacity

resources to implement reforms

which may require capacity

building.

• Cleaning up for the registry to

address incidences of multiple

land allocation and/or duplication

of titles.

• Clarity on the application of the 99

leasehold periods; the transfer of

existing titles under TLA and GLA

and other transition aspects (given

the systems used in the different

registries are very different).

REGISTRATION OF LAND:

THE PROCURE

1. Registration legal framework

• Registration of Documents

• Title Registration

(Sanctity of title doctrine)

2. Private Land in Kenya consists of land

held by a person under freehold tenure

and leasehold tenure.

3. Title land can be acquired through

allocation, land adjudication, compulsory

acquisition, prescription, settlement

programs, transmissions, transfers and

long term leases exceeding twenty one

years created out of private land.

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

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FOCUS ON POLICY

FOCUS ON POLICY

KEY INFORMANT VIEWS ON THE EFFECTS OF LAND REFORMS

ASSOCIATED COSTS

POSITIVE DEVELOPMENTS

• Digitization of the land

• Recognition of spousal rights

• Reduced fraud and corruption

• Elimination of middle men

• Increased staff

• Review of the Survey Act (as stated in policy to streamline

survey authentication procedures)

NEGATIVE DEVELOPMENTS

• Slow implementation

• Lack of clarity and duplication of roles

• Land allocation and settlement disagreements

• Resistance to change

• Increased bureaucracy

KEY INFORMANTS RESPONSE ON HOW EFFECTIVE THE REFORMS ARE

NOT EFFECTIVE (58% OF RESPONDENTS)

• Poor implementation of land reforms evident in;

- Poor transition

- No procedural changes

- Failure to fully implement the reforms

- Lack of clarity of roles; especially between the National

Land Commission, the Ministry of Land, Housing and

Urban Development and in some cases, the Members of

the County Assembly

• Policy and institutional gaps:

- Policy and Constitution of Kenya not aligned

- Functional conflicts between stakeholders

- County land management boards not established

- Capacity constraints

EFFECTIVE (42% OF RESPONDENTS)

• Definition of types of lands by the Constitution of Kenya

• Restriction of leasehold land to 99 years for foreigners

• Introduction of a single registry

• Improved service delivery

• Protection of matrimonial land rights

• Effective provisions for compulsory land acquisition

• Establishment of a National Land Commission

• Reforms will encourage optimal economic used of land/

property

Only 5 key informants provided an estimate. Most respondents indicated ‘respective lawyer fees.’ Majority reported 1, 000 to

1, 500 the discrepancy may be as a result added to ‘informal payments.’

TIMELINES

THE PROCEDURE

If subdivision is

necessary, then there

is an additional step.

• Registration of charge: Respondents from Isiolo reported the highest duration of 60 and 120 days

• Subdivision: Isiolo highest duration (60 days), Kakamega reported 30 days. The rest reported 7days or less

• Valuation Longest duration Isiolo, Mombasa, Nakuru and Njeri

• Survey: a key informant in Narok indicated 1 year duration

• Registration: Isiolo reported the highest duration (120 days), the rest of the respondents reported ≤21 days

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

5 6


FOCUS ON POLICY

FOCUS ON POLICY

WORLD BANK DOING BUSINESS 2015 DATA

WHAT CONTRIBUTES TO THE REGISTRATION DELAYS?

The duration of registering property can anything from 1 day to up to 3 years as reported by key informant.

The key reasons for delay include:

STUDY FINDINGS ON PROCEDURE KIPPRA & WB

CHALLENGES AS PRESENTED BY KEY

INFORMANTS

1. Land disputes (29.4%) on ownership, succession, lengthy

court procedures, caution or encumbrances on land.

2. Political influence and power struggles (19.6%) especially

between NCL and MoL at national level and

3. Cultural beliefs and practices e.g. land inheritance given

the patriarchal culture in Kenyan societies; pastoralism.

4. Implementation issues; transition from old to new

regime.

5. Corruption including fraud & irregular land allocation

accounted for 32.4% of challenges identified.

6. High costs: some fees including stamp duty, registration

costs were considered high.

7. Inadequate resources which resulted in poor

infrastructure, inadequate equipment, poor human

and financial resources contributing to delays in

undertaking activities such as surveys, valuation etc.

8. Lack of information and ignorance by the parties

involved.

9. Inefficiencies in land registries which could be as a result

of budgetary constraints, incompetent staff, dated maps,

low level of digitization hence unnecessary paperwork,

10. Bureaucracy; Multiplicity of steps and agencies as

demonstrated in the tables above.

RECOMMENDATIONS

1. Effective dispute resolution mechanisms.

2. Enact relevant regulations that;

- Provide clarity of roles amongst relevant stakeholders.

- Provide for effective transition from old laws to new

laws.

- Ensure proper management of land.

3. Address corruption

4. Simplify the land registration process and address the

multiplicity of agencies in the process of registration of land;

- This could address a number of challenges including

cost, corruptions and inefficiency

5. Hasten record clean-up and subsequent digitization

6. Human resource;

- Capacity building/training/motivation of staff

- Hire additional competent staff

7. Financial resource;

- Alternative financing mechanism

8. Ensure proper implementation;

- Which is the key oversight institution which will ensure

proper implementation of land policy/law?

- How to encourage more active private public

participation?

- Does this require new land policy?

In conclusion, LET US DIALOGUE.

The article was a presentation made by Prof. Joseph Kieyah and Anne Gitonga of KIPPRA.

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

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OVERVIEW ON KPDA ACTIVITIES

KPDA HOLDS ITS FIRST CEO MORNING

LEARNING SESSION ON

‘THE REVIEW OF THE PROPOSED AMENDMENTS

TO THE SECTIONAL PROPERTIES ACT 1987 AND

PROPOSED SHARED COMMUNITIES ACT 2014’

The Association held its first CEO

Morning Learning Session on Tuesday,

7th July 2015 at the Nairobi Serena

Hotel from 7.30am to 11.00am. The

event was well attended with over 60

participants who represented the real

estate development industry players.

The proposed regulations have been

drafted by key industry stakeholders

and intend to cut the time and the

process required to register individual

units so that buyers can have their

new homes charged as collateral in the

shortest time possible. The proposals

will soon be presented to the Ministry of

Land, Housing and Urban Development

before being presented to Parliament

for debate.

Mr. Peter Muraya, CEO and Founder of Suraya Property

Group Ltd (a KPDA Member) who is among the

Developers spearheading this proposed amendments.

From Left to Right: Regina K. Anyika - Company Secretary and Head of Legal Housing Finance

Company of Kenya Limited; Aliya Padamshi - Principal Associate, Anjarwalla & Khanna

Advocates; Caroline Karugu - Principal Associate, Anjarwalla & Khanna Advocates; Mick Murphy

- Tax Partner, Viva Africa Consulting LLP; Peter Muraya – CEO and Founder Suraya Property

Group Limited.

Left to right: Regina Anyika of Housing Finance and Caroline Karugu of Anjarwalla &

Khanna Advocates.

Ms Ann Muchiri a KPDA Founder Member giving the vote of

thanks.

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

9


OVERVIEW ON KPDA ACTIVITIES

LDGI AUDIT OF THE MAXIMUM AND

MINIMUM LAND HOLDING ACREAGE BILL,

2015

Land Development and Governance

Institute remains committed to its

vision of promoting the application

of appropriate policies, laws and

management practices. In line with this,

the Institute held an Experts’ Forum to

review the Maximum and Minimum

Land Holding Acreage Bill, 2015 with

regard to possible areas of conflict

and accordance to the Constitution of

Kenya, 2010. The forum took place on

Thursday 23rd July 2015 and KPDA was

in attendance with various stakeholders

in the land sector.

The comments issued by the

stakeholders pointed to inconsistencies

within the provisions of the bill and a

general feel that the bill was hurriedly

drafted in an effort to ensure enactment

within the timeline provided in the Fifth

Schedule of the Constitution of Kenya

(five years).

The bill undermines private ownership

of property as a constitutional right.

Private land constitutes approx. 20%

of land in Kenya. The overall provisions

of the bill appear to give more focus

to individuals rather than land use as a

means for determining land sizes.

Other comments by stakeholders was

that the bill was drafted without public

input as required in the Constitution of

Kenya, 2010. The bill undermines foreign

direct investment by the provision on

ownership of land (Section 22 (4) of

the bill), and appears discriminatory

by referring to ‘person’ and meaning

citizens only, excluding foreigners.

No rationale is provided for the time

frame for the cabinet secretary to do a

scientific study in 8- 12 years (Section

7 of the bill). The period is particularly

short for developers in the real estate

sector as it often takes a longer period

of time for them to realise returns on

their investments on land.

This provision undermines security of

tenure and investors may not have had

time to recoup their gains. The bill has

not put into consideration historical

injustices and may introduce more

conflict in such areas.

OVERVIEW ON KPDA ACTIVITIES

Experiences of Implementing the Land Act, Land

Registration Act and the National Land Commission Act

The second aim of the forum was to

share the experiences that the various

stakeholders have had in the three years

since the enactment of the Land Act,

Land Registration Act and the National

Land Commission Act, as well as to look

into the proposed amendments of the

three acts.

Stakeholders were in agreement that

the inconsistencies have created in

challenges in the various aspects of

land administration and management.

While policy and legal provisionsof land

administration and management have

changed, implementation is yet to take

full effect. The Executive Order from the

Government differing with some of the

legal provisions on land administration

and management, and the stalemate

between the National Land Commission

and the Ministry of Landshave further

worsened the situation.

The stalemate between the Commission

and the Ministry with respect to the

mandate to sign new titles has resulted

in new titles not being signed by the

Chief Land Registrar and titles signed

under the previous Chief Lands Registrar

are not being released. With regards

to survey, the Fourth Schedule of the

Constitution gives the survey function

to county governments. However,

this function requires the support of

national entities, with the Director

of Survey being appointed by the

Ministry of Lands, and similarly supports

some functions of the National Land

Commission, thereby creating conflict

over the institution governing survey.

These factors have slowed down

development in some areas as

transacting over land is met with

challenges, with lands officers as well as

practitioners lacking clarity on direction.

The summary of the major

inconsistencies within the three land

laws enacted in 2012 are:

1. Land Registry/ Chief Land

Registrar

Section 6 of the Land Registration Act

calls for the National Land Commission

(in consultation with the national and

county governments) to constitute

areas of land to be land registration

units and determine the form of the land

register. However, Section 110(b) - (d)

of LRA gives the Cabinet Secretary the

power to make regulations prescribing

the manner and form of the registries as

well as the particulars and format to be

contained in a register thereby creation

conflict. Additionally, section 7 (3) refers

to the Public Service Commission and

the Cabinet Secretary establishing the

land registry and Section 12 (1) states

that the Public Service Commission

shall appoint the Chief Lands Registrar.

Sanctity of title relies on the existence

of the land registry and as such, this

inconsistency poses a threat to security

of tenure.

This inconsistency, coupled with the

provision in law that employees of

an independent Commission (such

as the National Land Commission)

cannot be appointed by another

commission, create more confusion

on land registration function.There are

inconsistencies in the formation of the

registry as well as the form the registry

is to take.

2. Settlement Programmes

Section 134 gives National Land

Commission powers to set up and

implement settlement programmes.

However, the Land AdjudicationAct

and the Trust Land Act are still in place

and refer to a different institutional

framework, creating another

discrepancy.

Furthermore, the National Land

Commission Act Section 5 (2) (b) gives

the Commission power to monitor

registration of all rights and interest.

This creates a problematic issue with

the National Land Commission having

to implement registration and monitor

their own implementation. The law is

also unclear on how the registration of

land is to be monitored and the role of

County Land Management Boards in

this function.

3. Conveyancing

Provisions of the Land Act on

conveyancing are inconsistent with

Land Lord/ Tenants Act with respect to

definition of leases, especially to do with

controlled tenancy and these issues

then affect the day to day conduct of

business.

11

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

12


Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

13 14


KPDA PARTNERSHIP

KPDA MEMBER PROFILE

ABOUT THE UPPER HILL DISTRICT

ASSOCIATION

Upper Hill District Association, UHDA, is an Association for

businesses, residents and diplomatic missions based in

Upperhill.

We were founded on 1st July 2001 and since then we have

worked closely with the local authorities in the national

and county government to improve the quality of life in

Upperhill.

Our efforts have initiated change in infrastructure and

security in Upperhill area by continuously engaging with

bodies such as Kenya Urban Roads Authority, Nairobi City

County, National Transport and Safety Authority, Capitol Hill

Police Station just to mention but a few. We envisage our

growing District to be the financial hub of East and Central

Africa.

Currently, we are lobbying for the finishing of our roads

which once completed it will not only enhance the property

value and economic growth in the area but improve the

aesthetic appeal.

For more information about us, please visit our website on

www.uhda.or.ke.

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Kenya Property Developers Association... Development brings Development!

15


INDUSTRY EXPERTS

Hill Plaza P.O Box 21046-00100

1 ST Floor Nairobi, Kenya

Ngong Road, Nairobi DL: 0700021222

www.nca.go.ke

info@nca.go.ke

Ref: NCA Date: 14 th July 2015

TO WHOMSOEVER IT MAY CONCERN

THE LAND REGIME IN KENYA:

IMPLEMENTATION CHALLENGES

By Coulson Harney Advocates

Coulson Harney (part of the Bowman Gilfillan Africa

Group) is a corporate and commercial law firm

providing legal advice and transaction services to a

wide range of international and local clients.

NOTICE

The National Construction Authority is established under section 3 of the National Construction

Authority Act No. 41 of 2011 with a mandate to oversee the construction industry and

coordinate its development.

The Authority is empowered under section 23 of the Act to appoint investigating officers who

have power at all reasonable times to enter into any construction site where construction works

are being carried out and make such enquiry or inspection as may be necessary for the purposes

and functions of the investigating officer.

Sub section (3) states as follows;

“in the course of an investigation or inspection under this section an investigating officer may-

a. put questions concerning the registration of any contract, the accreditation and

certification of the skilled construction workers and construction site supervisors or the

payment of levy, and all the persons to whom the questions are addressed shall be

legally bound to answer such questions truthfully to the best of their ability;

b. require any person to produce any records required to be kept under this Act, and may

seize them or take copies of them, or

c. by notice in writing order the suspension of all or any part of the works in respect of

which the provisions of this Act have not been complied with until the time of such

compliance”

In furtherance of these provisions investigating officers of the Authority use a checklist against

which the following information is checked for compliance;

1. NCA registered contractor on site

2. Sign Board showing all approvals and the professionals engaged in the project

3. Safety signs on site

4. Personal Protective equipment on site

5. Hoarding and fencing of the project site

6. NCA project Compliance Certificate

7. NCA accredited skilled workers and site supervisor(s)

8. Payment of construction levy at 0.5% of the value of any project valued at Kshs. 5 million

and above (Section 31 of the NCA Act)

Arch. Daniel Manduku

Executive Director

Njeri Maina, Lawyer and

a member of the real

estate development and

conveyancing team.

Margaret Mitchell once said that “land

is the only thing in the world that

amounts to anything,” and almost a

century later, there is still a lot of truth in

her words. Land in Kenya and the world

over is probably the most fundamental

resource as it forms the foundation

upon which majority of the other

resources are based.

For this reason and because of the

peculiar history of land and land

legislation in Kenya, we, as a country,

cannot afford to go wrong on land

matters. This is especially true in the

policy and legal framework regulating

land.

Since the promulgation of the

Constitution in 2010, several laws

have been enacted to govern land

transactions in Kenya. These laws include

but are not limited to the Land Act, the

Land Registration Act and the National

Land Commission Act. The Maximum

and Minimum Land Holding Acreages

Bill and the Community Land Bill are

also currently under consideration by

Parliament.

In as much as the current land laws

have substantially addressed past and

present land issues, there still remain

some ‘leaking’ and unclear provisions

Simon Kiriba, Associate

and specializes in real

estate and construction

law practice.

which are hurting various stakeholders

in the real estate industry. This article

shall highlight a few of these challenges.

The discord between the National Land

Commission and the former Cabinet

Secretary in charge of the Ministry of

Lands, Housing and Urban Planning

has not gone unnoticed by developers

and investors and has had far reaching

effects on land related transactions in

the recent past.

This dispute has been fuelled by the

contending interpretations of the law

taken by both sides on various issues.

One of the issues that the two camps

have not been able to agree on is who

has the power to allocate public land,

issue grants to land owners of newly

allocated land and also issue titles

after surrender by the title holders

subsequent to change of user or

extension of lease processes. There

is also a quagmire of who has the

authority to sign titles and leases.

The National Land Commission

Act mandates the National Land

Commission (NLC) to manage public

land on behalf of the national and

county governments. Section 23 of

the Land Act provides that all grants of

public land are to be made in the name

of the NLC and sealed on behalf of the

national or county governments (as

applicable).

The Cabinet Secretary in charge of

the Ministry of Land was contending

that since the NLC acts as an agent of

the national government in its roles,

the national government, though the

Ministry of Land is the principal, and

therefore has the ultimate authority on

management of public land.

It is important to note that the repealed

land laws were clear on who was

empowered to execute documents of

title to property. The Government Land

Act (now repealed) empowered the

President to make grants or dispositions

of unalienated government land while

the Commissioner of Lands had the

power to execute documents of title to

property.

This lack of certainty and consensus

in the current laws has occasioned

anxiety, uncertainty and greatly delayed

issuance of new grants to first time land

holders and other land transactions in

general which require surrender and

re-issue of existing title documents like

change of user processes and extension

of leases.

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

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It is imperative note that the stalemate

between the Ministry of Lands and

the NLC has been going on since the

beginning of the year 2014. The change

of user and extension of lease processes

were at a national level halted since the

beginning of the year 2014.

Developers who had borrowed and

used their land as security with an

anticipation to construct, change user

or procure an extension of leases and

thereafter sell the respective units

have found themselves between the

proverbial devil and the deep blue sea.

This is because these processes have

taken inordinately long because of

the stalemate between the NLC and

the Ministry of Lands. The affected

developers could not have leases of

units registered pending the completion

of the change of user or extension of

lease processes.

This in turn affect thier projected

cashflows which in turn geatly affect

their capability to repay their loans

and further hurt their profits. Some

developers have not had these processes

completed for more than one and a half

years and are as a result bleeding and do

not have a lot of options either.

Earlier in the year, the former Chief

Lands Registrar, who was an employee

of the Ministry of Lands, begun signing

and did in fact sign new grants and

leases of land until she was requested to

step aside. (Upon her appointment, the

new Chief Lands Registrar has not been

signing grants and leases.)

This puts land holders whose titles and

leases were signed by the Chief Lands

Registrar in a precarious situation in the

event that in future, a court interprets

the law to the effect that it is indeed

the NLC and not the Ministry of Lands

through the Chief Lands Registrar that

has power to execute grants.

The same is true if the NLC signs these

grants and leases and courts in future

make a finding that it is in deed the

Ministry of Lands that has the power

to issue and/or sign these grants and

leases. “Will in such circumstances

these grants and leases be invalid?”.

This is not a very comforting question

to investors both local and foreign. It is

not one of those questions that we want

to be asking ourselves, and rightly so,

especially when we want Kenya to be

an investments destinataion.

Let us turn our focus a little bit to The

Maximum and Minimum Land Holding

Acreages Bill, 2015. This Bill also raises

a few concerns on land ownership in

Kenya and especially land ownership

by foreigners that must be addressed

urgently. The Bill seeks to restrict

foreigners or foreign owned corporate

entities from owning land in Kenya or

owning shares in companies that land

in Kenya.

Foreign entities are for the purposes of

land dealing deemed to be companies

that are notwholly owned by Kenyan

citizens. This restriction is contradictory

to Article 65 (1) of the Constitution of

2010 which permits foreigners to hold

land in Kenya on a leasehold tenure for a

maximum of 99 years. should the Bill be

passed in its current state, it would deter

direct foreign investments into Kenya.

Developers in the current real

estate market are moving towards

developing comprehensive mixed use

developments comprising of amongst

others uses residential, commercial,

hotels and catering establishments,

industrial developments etc.

Tatu City and Migaa are good

examples of this growing trend. These

developments are taking an even more

complicated structure of privately

owned and structured cities. To this end

we have Tatu City and Konza City as

examples.

Such projects are capital intensive

and are almost always beneficiaries

of massive foreign investment. The

restriction proposed by the Bill on land

holding by non-citizens would be a hard

blow to the real estate and construction

industries. The Bill also prescribes

minimum and maximum sizes of land

of different categories and further

provides for review of the prescribed

land sizes within regular intervals of

8 to 12 years. This provision provides

great uncertainty to land owners whose

current land sizes may be above or

below the land sizes prescribed in future

after the regular review.

Such uncertainty in the law also

discourages future investors because

simply put, nobody wants to put their

money where they are not guaranteed

of return. The Community Land Bill, 2015

provides for ownership of community

land by members of a community

who share a common ancestry, similar

culture or any other socio – economic

common interest.

Interestingly, clause 26 (c) of the Bill

provides for conversion of private land

into community land by ‘operation of

the law’ in relation to illegally acquired

community land. The Bill has not set out

the procedure for conversion of private

land into community land and has

also not defined what exactly ‘illegally

obtained community land’ is, since

community land is largely unregistered.

Any law which seeks to deprive persons

of their land holding rights without

providing a proper procedure or remedy

to innocent investors and land holders

makes the land regime unreliable and

discourages investment in land.

Finally, this is article is not meant to

raise alarm or anxiety in the industry

but is a rallying call to all stakeholders to

with one accord arise and push for the

streamlining of all the land laws.

For more information on Coulson

Harney, please visit our website at

www.coulsonharney.com. Additional

information on Bowman Gilfillan

Attorneys and the Bowman Gilfillan

Africa Group can be obtained from our

websites www.bowman.co.za and

www.bgafricagroup.com.

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Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

www.digital.ifinder.co.ke

22


A WORD FROM UN HABITAT

A WORD FROM UN HABITAT

KEEPING IT COOL…THE NATURAL WAY

What is Passive Cooling?

Passive cooling is a building design

approach that focuses on heat gain

control and heat dissipation in a

building in order to improve the indoor

thermal comfort with little or no energy

consumption.

Passive cooling systems use nonmechanical

methods to maintain

comfortable indoor temperatures and

are a key factor in mitigating the impact

of buildings on the environment.

It seeks to use natural heat flows

whenever possible.

The purpose of passive cooling is to

provide indoor comfort, provide healthy

environments while reducing the

energy costs associated with cooling

thereby eliminating or reducing overall

running costs.

In areas where cooling is a dominant

problem, like many parts of Kenya,

passive cooling techniques can be used

to reduce and/or eliminate mechanical

air conditioning requirements.

They also reduce the peak cooling loads

of the buildings, hence reducing the size

of air conditioning equipment and the

period for which it is generally required.

By integrating passive cooling strategies

at the design stage, greater efficiencies

and more attractive economics can be

obtained.

Sources of Unwanted Heat

1. Direct Solar Gains through windows

and skylights;

2. Heat Transfer through materials

and elements of the structure;

3. Internal heat generation from

occupants, mechanical and

electrical equipment;

4. Infiltration of hot or warm air into

the building.

absorb heat, slowing down the

increase in internal temperatures

on hot days. At night, the materials

then release the heat absorbed

earlier in the day.

Heat dissipation strategies:

The cooling strategies chosen for

a project should suit the specific

characteristics of the climate and also

enhance the architectural design

solution. Varying degree of cooling in

a building can be naturally achieved

using the following strategies:

1. Evaporative cooling: The technique

cools outdoor air by evaporating

water before it is introduced into

the building thereby cooling the

indoor spaces. This strategy is best

in hot and arid climates or where

relative humidity is low. The drier

the air the greater the cooling

potential.

2. Natural ventilation: By orienting the

building into taking advantage of

the prevailing winds and breezes,

natural ventilation can be aided

leading to a significant reduction

of energy consumption for cooling

the building.

3. Solar Chimneys: This technique

enhances stack ventilation. The

chimney’s structure absorbs heat

during the day, hence heating

the air enclosed within causing

it to rise. As indoor air evacuates

via the chimney, cooler outdoor

temperature flows into the

building.

High level of insulation

minimizing heat transfer to the

inside

rising warm air creates air movement

clerestory window shaded with

moveable or adjustable louvres to

prevent heat gain

shaded windows keep

heat gain low

vegetation

reduces

radiated heat

internal walls with high

thermal mass absorb

heat during the day

floor with high thermal mass absorbs heat during the

day and helps to even out temperature changes

(Fig. 1) Adapted from Level, The Authority of Sustainable Building © BRANZ 2011

How does it work?

Passive cooling of buildings works by

controlling or preventing heat from

entering the interior of buildings (heat

gain prevention) or by removing heat

from a building (heat dissipation).

Reduction of heat gain:

Reducing the heat gained by a building

over the course of the day is the

most effective way to cool a building.

Unwanted solar energy can be excluded

by:

1. Using correctly designed shading

devices that deflect the sun rays;

2. Proper orientation of the building

with the longer facades facing

the north and south preventing

overheating of the building;

3. Minimising glazed surfaces (glass)

good

Ventilation

open breezeway help to remove heat and makes

occupants feel cooler

house well positioned for

prevailing breeze

on the east and west facing sides of

a building;

4. Light coloured paints and materials

on the roof and walls effectively

reflect unwanted solar radiation;

5. The choice of building materials

on the roof and walls should be

considered with respect to the local

climate: Heavy weight materials

(suitable for hot and dry climates)

(Fig 2) Vegetation enhances shade and

cooling breezes. It also shades paved

surfaces reducing the heat island effect.

4. Wind turbines: Use of turbine vents at

the roof peak can be used to improve

the cooling rate by enhancing the air

flow. When the surface of the turbine

is heated, it creates a low pressure

zone at the outlet thereby drawing

indoor air upwards for exhaustion.

5. Air vents: Curved roofs with air vents

at the top are suited for the hot

and dry climates. The air vent in the

apex of the domed or vaulted roof

provides an escape path for the hot

air that accumulates at the top.

6. Rock bed heat exchanger: In this

system, during the day, outdoor

hot air is drawn through the rockbed

where it is pre cooled before

entering the building. At night. Cool

air is blown through the building via

the rock bed, thereby cooling the

rocks.

This list is in no way exhaustive and other

proven strategies are also available.

(Fig 3/4) Pearl Academy of Fashion in Jaipur, India uses an internal pool of water to cool

the building naturally through evaporative cooling.

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

21

22


A WORD FROM UN HABITAT

DIRECTORY OF KPDA MEMBERS

Active cooling systems:

When the temperature and humidity

levels are beyond passive cooling

strategies, active cooling systems can be

applied. These could include:

1. Evaporative coolers

2. Air conditioning systems

3. Ceiling fans

4. Misting fans

Always ensure that these active cooling

systems should be energy efficient,

are correctly sized and receive regular

maintenance to serve the occupants

better.

PREMIUM MEMBERS

MINISTRY OF LAND, HOUSING AND

URBAN DEVELOPMENT

(Government Agency)

1st Ngong Avenue

P. O. Box 30450-00100

NAIROBI.

Tel: 020-2718050

Website: www.ardhi.go.ke

KENYA BUILDING SOCIETY LTD

(Property Developer)

Rehani House, Junction of Kenyatta Avenue and

Koinange Street P. O. Box 30088 - 0100 GPO NAIROBI.

Tel: 020-3262129/ 3262390

Email: customer.service@housing.co.ke

Website: www.housing.co.ke

PANDA DEVELOPMENT COMPANY LTD

(Property Developer)

Aberdare Hills Golf Resort, Naivasha

P. O. Box 46235 - 00100 NAIROBI.

Tel: +254 7160590 643/ 0723-030721/ 0717-705975

Website: www.aberdarehills.com

(Fig 5) Warm air rises through the chimney as cool air enters from bottom vents to replace it.

REXE ROOFING PRODUCTS LIMITED

(Building Materials Manufacturer)

Menelik Lane, Kirichwa Road

P. O. Box 17225 - 00100 NAIROBI.

Tel: 0721-227 080

Website: www.rexeroofing.com

BAMBURI CEMENT LTD

(Building Materials Manufacturer)

6th Floor, Kenya Re Towers, Upperhill

P. O. Box 10921 - 00100 NAIROBI.

Tel: 020-2892529/ 0717-581 420

Website: www.lafarge.co.ke

BRITAM

(Insurance and Asset Management Firm)

Britam Centre, Junction of Mara

and Ragati Road, Upperhill

P. O. Box 30375 - 00100 NAIROBI.

Tel: 0703-094 000 / 020-2833000

Website: www.britam.co.ke

COLLABORATIONS ENGINEERING SOLUTIONS

& PRODUCTS (Engineering Firm)

ABC Bank Building, Dar es Salaam Rd, Industrial Area

P. O. Box 7607, 00100 NAIROBI.

Tel: 0713-944 769 / 0715-281 537

Website: www.cespkenya.com

SAVANNAH CEMENT LIMITED

(Building materials manufacturer)

Athi River, Off Namanga Rod

P. O. Box 27910 - 00100 NAIROBI.

Tel: 020 - 5146600 / 0725999035/6

Website: www.savannahcement.com

FUSION CAPITAL

(Financing and Private Equity)

ACK Garden House, Block A,

Ist Ngong Avenue,

P. O. Box 47538-00100 NAIROBI.

Tel: +254 (20) 2710149 /53 /55

Website: www.fusioncapitalafrica.com

(Fig 6)Rock bed cooling system

at the Learning Resource

Center at Catholic University.

SURAYA PROPERTY GROUP LTD

(Property Developer)

Suraya Studio, Shanzulink, Off Lower Kabete Rd.

P. O. Box 76069-00508 NAIROBI.

Tel: 0202664511 / 0712219106

Website: www.suraya.co.ke

NEWMATIC AFRICA LIMITED

(Home Kitchen Appliances)

1st Floor, The Park Office Suites, Parklands Rd.

P.O. Box 528-00202 NAIROBI

Tel: 0711112744 / 0737391011

Website: www.newmaticafrica.com

IMARAN REAL ESTATE LTD

(Property Developer)

3rd floor, Imperial Court, Westlands Road

P.O. Box 46402-00100 NAIROBI.

Tel: 0203744593/0737151566

Website: www.IMARANGROUP.com

This article was prepared by KPDA’s partner - UN-Habitat’s Urban Energy Unit - under the programme “Promoting Energy Efficiency in Buildings in East

Africa.” The programme aims at mainstreaming energy efficiency (EE) measures into housing policies, building codes, and building practices in East Africa

and to achieve considerable avoidance of GHG emissions as a result of improved building practices.

UN-Habitat is also offering free technical advice on upcoming projects and designs to ensure that they are sustainable and affordable.

For further information on other climatic zones, go to http://www.eebea.org/

For further information on the technical advice, contact ruth.maina@unhabitat.org

CORPORATE MEMBERS

PHATISA GROUP/PAN AFRICAN

HOUSING FUND

(Real estate private equity fund)

7th Floor, Longonot Place, Kijabe Street, NAIROBI.

Tel: 0700-152 324 / 020-2327657.

Website: www.phatisa.com

TILISI DEVELOPMENTS LIMITED

(Property Developer)

4th Floor, Maksons Plaza, Parklands Road

P. O. Box 39542 – 00623 NAIROBI.

Tel: 0734-244 713

Website: www.coralpropertykenya.com

KARIBU HOMES

(Consulting firm)

30 Kyuna Crescent. P. O. Box 40063 - 00100 NAIROBI.

Tel: 0722-837 800/0705-151 515 /020 4440661/2/3

Website: www.karibuhomes.com

(Law Firm)

ALN House, Eldama Ravine Gardens ,

Off Eldama Ravine Road

P. O. Box 200 - 00606 NAIROBI.

Tel: 020 3640000 /0703-032 000

Website: www.africalegalnetwork.com

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

23

24


DIRECTORY OF KPDA MEMBERS

DIRECTORY OF KPDA MEMBERS

KINGS DEVELOPERS LTD

(Real estate developers)

Royal ICT Business Park, Mombasa Road

P. O. Box 18215 - 00500 NAIROBI.

Tel: 020-2044619/20

Website: www.kingsdevelopers.com

QUESTWORKS LTD

(Design Building Firm)

Block C, First Floor, Suite 10,

Crawford Business Park, State House Road

P. O. Box 18724 - 00500 NAIROBI.

Tel: 0712-227 388 / 0724-583 351

Website: www.questworks.co.ke

LIMOJADE MANAGEMENT LTD

(Property developer)

4th Floor, Soin Arcade, Westlands Road, Westlands

P. O. Box 5322 - 00506 NAIROBI.

Tel: 0722-512 381 /020-2690804/5 / 0700-326 762

Website: www.limojade-management.com

VISHWA DEVELOPERS LTD

(Property Developer)

DG Oasis, South C, Muhoho Road, South C

P. O. Box 76268 - 00508 NAIROBI.

Tel: 0722-206 971

SUPERIOR HOMES KENYA

(Unique lifestyle development firm)

Greenpark Estate (past Top Tank)

Athi River, Mombasa Road

P. O. Box 15992 - 00100 NAIROBI.

Tel: 020-3579100/1 / 0724-253 267

Website: www.superiorhomes.co.ke

MENTOR GROUP LIMITED

(Real Estate Consultancy and

Project Management)

Rhapta Road, New Rehema Building, 6th Floor, Westlands

P. O. Box 66331 – 00800 NAIROBI.

Tel: 020-3744903/4 /2324991/ 0722-955 014

Website: www.mentorgroup.co.ke

MENTOR MANAGEMENT LIMITED (MML)

(Construction, Project & Development Management Firm)

2nd Floor, The Courtyard,

General Mathenge Drive, Westlands

P. O. Box 62899 - 00200 NAIROBI.

Tel: 020-2324991/3744903/4 / 0706-579 790

Website: www.mentor-ea.com

PEDIMENT DEVELOPERS

(Property Developer)

Century Apartments, Rose Avenue - Ngong Road

P. O. Box 15509 NAIROBI.

Tel: 0722-984 191

BLUELINE PROPERTIES LTD

(Property Developer)

Wendy Court Unit 10, David Osieli Road, Westlands

P. O. Box 18689 - 00500 NAIROBI.

Tel: 0722-446 055/020-4441195

Website: www.blueline.co.ke

URBAN NIRVANA PROPERTY SOLUTIONS LTD

(Real Estate Managers)

Rhapta Road, Opposite Liza Apartments

P. O. Box 44342 – 00100 NAIROBI.

Tel: 0728-762 370

OPTIVEN LIMITED (Real estate company)

Barclays Plaza Loita Street 14th Floor Wing A

P. O. Box 623 - 00600 NAIROBI.

Tel: 0706-618 141 / 0716-605 410.

Website: www.optiven.co.ke

BAHATI RIDGE DEVELOPMENT LTD

(Property developer)

Off Gatanga Road, Thika. P. O. Box 47739 - 00100 NAIROBI.

Tel: 0717-049 644 / 0737-149 644 / 020-815 5380

Website: www.bahatiridge.co.ke

TATU CITY LTD

(Urban developer)

Off Ruiru, Kiambu Rd, Ruiru

P. O. Box 2739 - 00621 NAIROBI.

Tel: 020-5131000 / 0708-555 555.

Website: www.tatucity.com

MANRIK GROUP

(Real Estate Firm)

Off Raphta Road

P. O. Box 45403 - 00100 NAIROBI.

Tel: 020-4442100/2

DAYKIO PLANTATIONS LIMITED

(Real Estate Firm)

4th floor, Hughes Building,

Banda street wing, Muindi Mbingu Street

P. O. Box 50992-00100NAIROBI.

Tel: +254 0718 180 064 / +254 0725 306 291

/ +254 020 2215 472 Website: www.daykio.com

NATUREVILLE HOMES

(Real Estate Developer)

Lenana Road, next to the

Nigeria High Commission

P. O. Box 47369 - 00100 NAIROBI

Tel: 0722-888 271

Website: www.natureville.net

STEEL AFRICA LIMITED

(Building Materials Manufacturer)

Empress Office Suites, 3rd Floor,

Ring Road Parklands

P. O. Box 62337- 00200 NAIROBI.

Tel: 0726-859 613 / 020-2122043/4

KARUME HOLDINGS LIMITED

(Property Developer)

3rd Floor, Cianda House, koinange Street

P. O. Box 30594 - 00100 NAIROBI.

Tel: 0772099340

JAMBO HOLDINGS LIMITED

(Property Developer)

Jambo Holdings Ltd premises Opp

St Mary’’s School, Rhapta Rd

P. O. Box 30292-00100 NAIROBI.

Tel: +254-722577129

KOTO HOUSING KENYA

(Housing and building firm)

Koto House (Formely the People Printing House),

Mombasa Road (Mlolongo, Machakos County)

P. O. Box 52494 - 00200 NAIROBI.

Tel: 0789-808-991

Website: www.kotohousingkenya.co.ke

NANYUKI MALL LTD

(Shopping mall)

Kenyatta Highway, Nanyuki

P. O. Box 42093 - 00100 NAIROBI

Tel: 0735/720-510 000/

0721-486 365/020-2726870

Website: www.nanyuki.com

COUNTY HOME DEVELOPERS LTD

/RUNDA VIEW LTD

(Property Developer)

New Muthaiga Shopping Mall 2nd Floor,

Office 9,, Thigiri Ridge Road off Peponi Road

P. O. Box 14283 - 00800 NAIROBI.

Tel: 0702-523 116 / 0722-670 320

AMS PROPERTIES LTD

(Property Developer)

Eden Square, 6th Floor, Block 1, Westlands Road

P. O. Box 10713 - 00100 NAIROBI

Tel: 020 3660000/ 0722-828 501/ 0733-612 241

/ 0737-267267/ 0715-267 267

Website: www.amsproperties.co.ke

TRIDENT ESTATES LIMITED

(Real Estate Developer)

Fortis Tower - 10th floor,Woodvale Grove westlands

P. O. Box 17592 - 00500 NAIROBI

Tel: 0737-040 992/ 0700-002 222

Website: www.tridentestates.co.ke

BROLL KENYA

(Property Development)

Fedha Plaza, Mezzanine Floor,

Junction of Parklands and Mpaka Road, Westlands

P. O. Box 52727 - 00100 NAIROBI

Tel: 0712-668 448/020-374 3066/0736-922 999

Website: www.broll.co.ke

CORAL PROPERTY INTERNATIONAL LTD

(Property consultants)

Peponi Plaza, Office No: B-0, Peponi Road

P.O. Box 38568 – 00623 NAIROBI

Tel: 0722-513 301

Website: www.coralpropertykenya.com

NDATANI ENTERPRISES COMPANY LIMITED

(Property Developer)

10th Floor, Afya Centre, Tom Mboya Street

P. O. Box 9422 – 00300 NAIROBI.

Tel: 0722 515121/0726713487

/ 0716653011/0716653013

Website: www.ndatani.com

MARLBOROUGH PROPERTIES LIMITED

(Real Estate Developer)

Occidental Building 1st Floor One Touch,

Door 2A 2A (past Soin Arcade)

P. O. Box 71854 - 00100 NAIROBI.

Tel: 0721160900; +44 7801865666

MURIMI & CO. ADVOCATES

(Law Firm)

2nd Floor, Electricity House, Harambee Avenue

P. O. Box 54052 - 00200 NAIROBI.

Tel: 020 – 2227701

OAK PARK PROPERTIES LTD

(Real estate developer)

Vision Plaza, Mombasa Road.

P. O. Box 10104 - 00100 NAIROBI.

Tel: 0734-342 326/020-2712654

Website: www.oakparkltd.com

PARAGON ARCHITECTS (Design and architectural firm)

1st Floor.33 Fricker Road.

Illovo Boulevard Sandton 2196

Johannesburg South Africa

P. O. Box 2621 Houghton 2041SOUTH AFRICA.

Tel: +271-14823781.

Website: www.paragon.co.za

SJR PROPERTIES LTD / SKY MANAGEMENT

(Property developer)

Off Enterprise Road, Road C

P. O. Box 38027 - 00623 NAIROBI.

Tel: 0722-259344

Website: www.sjr-properties.com

MY SPACE PROPERTIES LTD

(Real estate developer)

Mombasa Trade Centre (Southern Wing), 5th Floor

P. O. Box 2405 - 80100 MOMBASA.

Tel: 0722-442 077/0734-555 556

Website: www.myspace.co.ke

CYTONN INVESTMENTS LTD

Advisory and investment firm

3rd Floor Liaison House, State House Avenue

P. O. Box 20695 – 00200 NAIROBI.

Tel: 020 - 4400420 / 0714 830 744.

Website: www.cytonn.com

SCION REAL ESTATE

(Advisory and Investment Firm)

Block A, 1st Floor, Regnum Center Methodist Ministries

Center Oloitoktok Road, Valley Arcade

P. O. Box 10075 – 00100 NAIROBI.

Tel: 020-3862333 or 020-2329412 Cell: 0733-271 198

E-mail: admin@scionreal.com Website: www.scionreal.com

CAMELOT CONSULTANTS/LANTANA HOMES LTD

(Consulting Firm)

Brookview Apartment, Elgeyo Marakwet Road

P.O. Box 14533 – 00800 NAIROBI.

Tel: 0721/734 - 322 322 / 020-3872161

MURIU MUNGAI & COMPANY ADVOCATES

(Law firm)

MMC Arches Spring Valley Crescent, off Peponi Road

P.O. Box75362-00200 NAIROBI.

Tel: 0202167301/0720585785/0734333339

Email: info@wakili.com

Website: www.wakili.com

KZANAKA LIMITED

(Property Developer)

Cooper Centre, Kaptagat Road off Waiyaki Way

P. O. Box 40596 – 00100 NAIROBI.

Tel: 0736-514 852

Website: www.coopers.co.ke

CHIGWELL HOLDINGS LIMITED

(Property developer)

Maksons Plaza, 4th Floor Parklands Rd,

Westlands (Next to Victoria Courts)

P. O. Box 39542 – 00623NAIROBI.

Tel: 0733-608 053/0733-603 982

ACORN GROUP LIMITED

(Real estate development)

2nd Floor, Acorn House, James Gichuru Rd, Lavington, Nairobi

P. O. Box 13759-00100 NAIROBI.

Tel: 020-2592671 or 020-2592672.

Website: www.acorngroupafrica.com

KNIGHT FRANK KENYA LIMITED

(Commercial and Residential Property Managers)

Lions Place, Ground Floor, Waiyaki Way

Dropping Zone: No. 65 Revlon Plaza

P. O. Box 39773- 00623 NAIROBI.

Tel: 020-4239000/4440174-6

Website: www.knightfrank.co.ke

AXIS REAL ESTATE LIMITED

(Property agents and valuers)

The Rahimtulla Tower | No 8, Upper Hill Road

P. O. Box 10730-00100 GPO NAIROBI.

Tel: 020-2724848/0722-203 032

Website: www.axisre.co.ke

CORAL PROPERTY CONSULTANTS LTD

(Property Developers)

1st Floor, Rockwall Bldg Silos Rd-Nyali Rd

Junction Mkomani Nyali P.O Box 81300 - 80100 MOMBASA.

Tel: 254414470860 / 254414470861 /0721883505

Website: www.coralpropertykenya.com /

www.xanadukenya.com

JABEZ PROPERTIES

(Property Developer)

Namanga Road Estate, Off Namanga Road,

Near Export Processing Zone (EPZ)

P.O. Box 23059 – 00604 NAIROBI.

Tel: 0722788578 / 0738788578

Website: www.jabezproperties.co.ke

MEREKA & COMPANY ADVOCATES

(Law firm)

Ukulima Co-op House, 7th Floor

P.O. Box 41620-00100 NAIROBI.

Tel: 2228315/6/7 / 0721393752

Email: merekawakili@gmail.com

3861067 /0720535674/0724256200

ROZANA PROPERTIES LTD

(Property Developer)

Ndemi Rd, Kilimani

P.O Box 3291 - 00100 NAIROBI

Tel: 3861067 /0720535674/0724256200

Website: www.rozanaproperties.co.ke

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

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DIRECTORY OF KPDA MEMBERS

NAIROBI CITY COUNTY PERMITTING APPROVALS

FEDHA (MANAGEMENT) LTD

(Property Management)

17th Floor Eco Bank Towers

Muindi Mbingu Street

P. O. Box 45625 - 00100 NAIROBI.

Tel: 0735-922999/020 222 2442/222 3776

Website: www.fedhagroup.co.ke

UNITY HOMES LIMITED

(Property Developer)

Shanzu Gardens

PO Box 933-00621 NAIROBI.

Tel: +254 707 662 250

Website: www.unityhomes.co.ke

SICHANGI PARTNERS

(Law Firm)

Hill Plaza, 10th floor Community

P. O. Box 33223-00600 NAIROBI.

Tel: 020-4440062/020 2733646 /49/ 50;

0202332543; 0712328896

Website: www.sichangi.com

LORDSHIP AFRICA (Property Developer)

Bishop´s Gardens Court, 4th Ngong

Avenue, Community Area

P. O. Box 47655 – 00100 NAIROBI.

Tel: 020 2726473/ 0717444345

Website: www.lordshipafrica.com

MWANZONI LTD

(Real Estate & Construction Project/

Programme management firm)

84 Riverside Drive, Westlands

P. O. Box 14611 - 00800 NAIROBI.

Tel: 0775396313 / 0205226828 /0725872006

Website: www.mwanzoni.com

HOME AFRIKA LIMITED

(Property Developer)

Morningside Park, Ngong Road, near Adams Arcade

P. O. Box 6254 - 00100 NAIROBI.

Tel: 0714-766015 / 722517611

/ +2540202772000

Website: www.homeafrika.com

ASPENN GLOBAL MOBILITY

CONSULTANTS - KENYA

(Real Estate Consultant)

Ridor Plaza off Magadi Road

P. O. Box 1928 - 00502 NAIROBI.

Tel: 020 2177522 / 0706578646 / 0733775583

Website: www.aspennglobal.com

EDIFICE LIMITED

(Real Estate Developer)

6th Floor, Fortis Towers, Woodvale Groove,Westlands

P. O. Box 12645-00400 NAIROBI.

Tel: 0737 676767/ 254203741218 /0722-706114

Website: www.edifice.co.ke

NAIROBI PERMITTING ACTIVITY REPORT

APRIL – JUNE 2015

The 2 nd Quarter 2015 Planning

Permitting Activity Report provides a

summary of statistical information on

planning permitting activity in Nairobi

from April to June 2015. During this

reporting period, only the Nairobi City

County statistics are used as references.

This report uses standardized data

submitted by the Nairobi City County.

The report highlights information on

applications received and decided,

development location, type and value,

department revenue from applications

and permit processing performance.

A total of 686 planning applications were

agreed upon during this period. Other

key statistics from this report include:

• Value of approved permits

represents Kshs. 52, 200, 780, 525

worth of development projects and

permitting fees collected were Kshs.

386, 821, 437;

• 11.1% of the total number of

buildings permitted/approved

were located in Karen, 4.5% in

the Industrial area, 4.2% of the

permits approved were located in

Westlands, 3.8% in Eastleigh and

3.5% located in the Parklands area;

• Building Classification as based

on the Building code – 557 in

Domestic Class (domestic building,

commercial developments and

offices), 79 in Public Class (religious

buildings, social halls, libraries,

schools, etc.) and 50 in Warehouse

Class (factories, industries and go

downs);

• 81.2% of the total number of

buildings approved were in the

Domestic Class, 11.5% were in the

Public Class, whereas 7.3% were in

the Warehouse Class.

A comparative analysis is provided at

close against all quarter’s performance.

IJENGA VENTURES LTD

(Real Rstate Developer)

Kwifra Estates No.B4 Roses Brookside Drive

P. O. Box 2384-00606 NAIROBI.

Tel: 0708909879

Website: www.ijenga.com

HASS CONSULT LIMITED

(Real Estate Developer)

First Floor ABC place Waiyaki Way

P. O. Box 14090- 00800 NAIROBI.

Tel: 0722 204765 / 0733629786

+254 204446914

Website: www.hassconsult.co.ke

LASER PROPERTY SERVICES LIMITED

(Real Estate Firm)

6th Floor, CPF House, Haile Selassie Avenue

P. O. Box 28938 - 00200 NAIROBI.

Tel: 02046901 - 5 / 0720111117/

0788111117 / 2046901 / 0721498348

Website: www.lps.or.ke

CENTURY CITY PROPERTY LIMITED

(Property Developer)

3rd Floor VM Tower, The village Market, Limuru Rd

P. O. Box 19 - 00621 NAIROBI.

Tel: 020 -7122017 / 0701 066 144

Website: www.centurycitykenya.com

PERMIT APPLICATION ACTIVITY BY LOCALITY

The number of permit applications received in various locations.

PDM (KENYA) LTD

(Real Estate Developer)

12th Floor, IPS Building Kimathi Street

P. O. Box 58470 - 00200 NAIROBI.

Tel: 020-316122/2226311

Website: www.pdmholdings.com

DUNHILL CONSULTING LTD

(Property Developer)

Hevea Court, Eldama Ravine Road, Westlands

P. O. Box 1400 - 00606 NAIROBI.

Tel: 0720911136/0786386445/0732043845

Website: www.dunhillconsulting.com

SPARTAN DEVELOPERS LIMITED

(Property Developer)

2nd Floor, Jumuia Place, Lenana Rd

P. O. Box 53927-00200 NAIROBI.

Tel: +254 0722491978

Website: www.spartandevelopers.com

ASSOCIATE MEMBERS

RATEMO & COMPANY ADVOCATES

(Law Firm)

Suraj Plaza, 3rd Floor, Limuru Road,

Next to Nairobi Transit Hotel

P. O. Box 25858-00100 NAIROBI.

Tel: 0202172321 / 0722979081 / 0736708999

Website: www.ratemo.co.ke

MOHAMMED MUIGAI ADVOCATES

(Law Firm)

K-Rep Centre, 4th Floor, Wood Avenue, Kilimani

P. O. Box 61323 - 00200 NAIROBI.

Tel: 020 2397401/2/3 / 0722851018

Website: www.mohammedmuigai.com

ARM CEMENT LIMITED

(Building materials manufacturer)

Rhino House, Chiromo Road

P. O. Box 41908 - 00100 NAIROBI.

Tel: 0735701204 / 020 269 2978 / 0733636456

Website: www.armcement.com

MEHTA ELECTRICALS LIMITED

(Electrical Contractors)

The Cresent 1, Off Parklands Road

P. O. Box 39977 - 00623 NAIROBI.

Tel: 020 3750519/20 / 0720605040

/ 0722848486 / 0733620144

Website: www.mehta.co.ke

STRAUSS ENERGY LIMITED

(Manufacturing/Suppliers of BIPV roofing tiles)

Climate Innovation Centre,

3rd Floor Strathmore Business School

P.O. Box 15028-0100 NAIROBI.

Tel: 02044009938/0733448438

Website: www.straussenergy.com

We would like to notify all our members that we are currently issuing annual membership certificates.

Kindly contact the secretariat to collect your copy. Thank you.

There are more development activities on the Western side of Nairobi compared to the Eastern side probably because of the more

space available and the demand for housing. NB: Localities that do not appear in the graph had less than 1% presentation.

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

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NAIROBI CITY COUNTY PERMITTING APPROVALS

NAIROBI CITY COUNTY PERMITTING APPROVALS

PERMIT APPLICATION ACTIVITY BY SUB - COUNTY

BUILDING CLASS BY LOCALITY

Westlands and Langata

are the two notable

Sub-Counties which

had most permits

compared to the rest.

Domestic Class of

buildings has the

most buildings while

Industrial Area tops

with Warehouse Class.

DWELLING RELATED ACTIVITY ACROSS NAIROBI

Buildings approved

included domestic

buildings,

commercial

developments,

offices, religious

buildings, social

halls, libraries,

schools, factories,

industries and go

downs. The following

graph identifies

permit applications

that relate to various

building classes.

BUILDING CLASS BY SUB COUNTY

It seems that the Domestic

Class has the highest number of

approvals in all the sub-counties.

The Warehouses dominates

Industrial Area and Embakasi.

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

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NAIROBI CITY COUNTY PERMITTING APPROVALS

NAIROBI CITY COUNTY PERMITTING APPROVALS

NUMBER OF APPROVALS BY ZONAL USER DENSITY

PERMIT PROCESSING PERFORMANCE

The number of days for approval – submission to decision.

Residential houses are

dominants according

to the data.

It clearly shows that most of the

planning applications took more

than one month to be approved.

APPROVAL TIME BY QUARTERS

BUILDING PERMIT APPROVAL VALUES

The value of development approved by granted permit.

The mean number of

days was at peak on

the Q1 2015. In Q2

2015 it reduced but

still remains high as

compared to 2014.

Most of the approvals had an

estimated cost of between

10 Million to 50 Million.

31

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

32


NAIROBI CITY COUNTY PERMITTING APPROVALS

NAIROBI CITY COUNTY PERMITTING APPROVALS

PERMITTING APPLICATION ACTIVITY TREND IN NAIROBI

FEES COLLECTION TREND ON PERMIT APPLICATIONS BY THE NAIROBI CITY COUNTY

There is a huge rise in

the no of approvals

for the second quarter

2015 compared to

the first quarter 2015.

However, there is

a slight fall in the

number of permits for

the second quarter

2015 compared to the

approvals for the same

period in the year 2014.

Second quarter (Q2 2015)

follows quarter four (Q4

2014) with the highest

value of fees collected as

the submission fees.

THE VALUE TREND OF DEVELOPMENT PERMITTED BY THE NAIROBI CITY COUNTY

There is an increase

in the value of

approved permits

for the 2015

second quarter

compared to other

quarters.

COMPARATIVE ANALYSIS OF Q2 2014 TO Q2 2015

DETAILS

No. of Permits

Released

Total submission

fees paid in Kshs.

Total worth of

developments

approved in Kshs.

PERMITS BY BUILDING CLASS

D (Domestic

Buildings)

QUARTERS

Q2 2014 Q3 2014 Q4 2014 Q1 2015 Q2 2015

725 654 710 470 686

304,776,160 240,311,813 400,991,153 297,230,855 386,821,437

39, 477,610,465 25,040,645,000 49,562,034,069 29 ,152, 486, 217 52,200,780,525

570 (78.6%) 527 (80.6%) 547 (77.0%) 372 (79.1%) 557 (81.2%)

P (Public Buildings) 95 (13.1%) 69 (10.6%) 78 (11.0%) 58 (12.3%) 79 (11.5%)

W (Warehouse

Buildings)

60 (8.3%) 58 (8.9%) 85 (12.0%) 40 (8.5%) 50 (7.3%)

LEADING LOCALITIES

Karen 81 67 79 45 76

Industrial Area 44 51 67 20 31

Westlands 28 30 33 18 29

Kilimani 27 22 25 13 21

Eastleigh 19 21 25 17 26

It is noted that

there has been an

increase in the worth

of developments

approved. Domestic

buildings have the

highest number of

approvals which has

been the trend since

April 2014. Also, the

leading localities have

remained constant

throughout the period.

NB:

Q1 – First Quarter

Q2 – Second Quarter

Q3 – Third Quarter

Q4 - Fourth Quarter

While every reasonable effort is made to ensure that the information provided in this report is accurate no guarantee for the currency or accuracy of

information is made. The permitting data was provided to the KPDA by the Nairobi City County Physical Planning Department.

33

Kenya Property Developers Association... Development brings Development!

Kenya Property Developers Association... Development brings Development!

34


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KENYA PROPERTY DEVELOPERS ASSOCIATION

The Developer’s Digest is a bi-monthly

e-newsletter supported and published

by the Kenya Property Developers

Association and designed by Insync

MEDIA Limited. It targets the various

players in the property industry in

Kenya and highlights a wide spectre

of issues affecting our members, other

professionals, manufacturers and both

private and public sector players in the

industry. We seek to encourage positive

dialogue and development.

The Developer’s Digest is filled with

current industry news, updates on the

Association’s ongoing activities, views,

interesting facts and specialty advertising

messages.

WHY ADVERTISE THROUGH THE

DEVELOPER’S DIGEST?

We have a readership of over 1, 300

people who are drawn from our

membership, partners as well as industry

affiliates both locally and regionally.

We offer a unique, flexible, converged

media mix that helps advertisers

communicate their message effectively.

This includes our website, e-newsletter,

social media platforms and focused

events (such as our training and

networking forums as well as our social

interactive sessions).

We keep track of our readership and are

sensitive to emerging issues in the industry.

It is a free and interactive online

publication.

The Developer’s

Digest

A KPDA PUBLICATION

MEDIA PACK 2014/2015

It is a free downloadable Mobile App

onto any mobile device.

We at The Developer’s Digest will work

with you to create the most effective

multi-platform advertising strategy that

will ensure you reach your targeted

consumer every direction they look. After

all, the distance between you and your

consumer, is no longer a straight line.

If you take up advertising with The

Developer’s Digest , we are also willing to

offer you an opportunity for you to have

interactive banner advertisements on our

website.

Kindly contact the Secretariat on 0737

530290 or 0705 277787 or by email

admin@kpda.or.ke.

ADVERTISING RATES

Quarter (1/4) page: Kshs. 15, 000

Third (1/3) page: Kshs. 20, 000

Half (1/2) page: Kshs. 30, 000

Full page: Kshs. 60, 000

DIGITAL INPUT/MECHANICAL

REQUIREMENTS — BANNERS

The artwork should be submitted in jpg/

png format; with a resolution of 72 dpi;

color calibration RGB and the image

shouldn’t be above the size 30KB.

NOTE: PDF/X 1-A or Adobe® Acrobat® distilled

PDFs. PDFs exported from Photoshop are

discouraged and can lead to less than

desirable results.

DIGITAL INPUT/MECHANICAL REQUIREMENTS — ADVERTS

SIZE WIDTH DEPTH

1/4 page (horizontal) 184.5mm 65mm

1/4 page (vertical) 90mm 125.5mm

1/3 page (horizontal) 210mm 90mm

1/3 page (vertical) 68mm 270mm

1/2 page (horizontal) 210mm 139mm

1/2 page (vertical) 105mm 265mm

Full page 210mm 297mm

ADVERTS SUBMISSION:

The adverts should be submitted as Adobe PDF files with the above

specific measurements for the desired advert and NOT a flat image PDF

exported from Photoshop.

ONLINE ADVERTISING TERMS & CONDITIONS:

Payment is due within 15 days from when an invoice is issued. Banner ads may be pulled if account

balances are not paid by the due date. As space is limited, banner ads are sold on a first come, first

served basis. All advertising is accepted subject to the publisher’s approval upon determination

that the products or service advertised are in keeping with The Developer’s Digest’s philosophy.

Kenya Property Developers Association... Development brings Development!

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