The Developer's Digest, July to August 2015 Issue

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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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 


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 


Welcome to the KPDA Family! 

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Kenya Property Developers Association... Development brings Development! 

Like, Share and follow our pages on social media to get: 

Invitation to our events and forums 

Information trending in the property industry and so much more! 

1 

2

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. 



3 

4



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 



5 6



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. 



7 

8

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. 



9


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. 


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 



12



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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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. 



17 

18

Commercials 

Residentials 

Getaways 

Interiors & Exteriors 

Movers 

Land 

Mortgages 

INDUSTRY EXPERTS 

A The New Standard in Advertising 

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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Ensures that advertising 

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19 



www.digital.ifinder.co.ke 

22

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. 



21 

22


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 


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 


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 


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 


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 


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 



23 

24



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 


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 


Century Apartments, Rose Avenue - Ngong Road 

P. O. Box 15509 NAIROBI. 

Tel: 0722-984 191 

BLUELINE PROPERTIES LTD 


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 


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 


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 


Empress Office Suites, 3rd Floor, 

Ring Road Parklands 

P. O. Box 62337- 00200 NAIROBI. 

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

KARUME HOLDINGS LIMITED 


3rd Floor, Cianda House, koinange Street 

P. O. Box 30594 - 00100 NAIROBI. 

Tel: 0772099340 

JAMBO HOLDINGS LIMITED 


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 


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 


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 


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 


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 


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 


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 


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 


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 


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 


Tel: 2228315/6/7 / 0721393752 

Email: merekawakili@gmail.com 

3861067 /0720535674/0724256200 

ROZANA PROPERTIES LTD 


Ndemi Rd, Kilimani 

P.O Box 3291 - 00100 NAIROBI 

Tel: 3861067 /0720535674/0724256200 

Website: www.rozanaproperties.co.ke 



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26


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 


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 


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 


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 


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 


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 


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 


12th Floor, IPS Building Kimathi Street 

P. O. Box 58470 - 00200 NAIROBI. 

Tel: 020-316122/2226311 

Website: www.pdmholdings.com 

DUNHILL CONSULTING LTD 


Hevea Court, Eldama Ravine Road, Westlands 

P. O. Box 1400 - 00606 NAIROBI. 

Tel: 0720911136/0786386445/0732043845 

Website: www.dunhillconsulting.com 

SPARTAN DEVELOPERS LIMITED 


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 


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. 



27 

28



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. 



29 

30



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 



32



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 



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