The Developers Digest Q1 Issue

19
Have Your Say
estate industry because the shift towards mixed-use
developments, phased and planned developments,
and off-plan developments may require different
approaches and regulations compared to traditional
real estate projects. We have also experienced
impractical deadlines such as the 2-year moratorium
beginning on 28 December 2020 for qualifying
existing long-term leases to comply with the
requirements on geo-referencing and sectional plans.
To address the technical capacity issues, there is a
need for establishing a permanent advisory board
with professionals from various fields to provide
expert guidance and oversight, review progress,
identify capacity gaps, and recommend areas
where the Ministry can adopt new approaches and
best practices. Experts in the advisory board can
bring a fresh perspective and provide expertise
and knowledge that the Ministry may not have
in-house, which can complement the Ministry’s
existing capacity and resources. It is quite common
for the Ministry to constitute a temporary taskforce
to address issues as they arise and for government
institutions to experience disruption when a new
government is elected, as high-level officials are often
replaced resulting in a loss of institutional memory
and a shift in priorities. The Ministry needs continuity
of expertise and advice over an extended period
of time through an advisory board that transcends
change in regime and a permanent advisory board
that can take a proactive approach before crises
arise. It could be a valuable resource in providing
timely and targeted advice and support to ensure
that the Ministry operates smoothly and maintains a
consistent level of service to the public.
About the Author:
Lydia Owuor is a highly experienced advocate with
expertise in all aspects of conveyancing and property
law, securities documentation, securities review,
and financial due diligence components of M&A
transactions. She holds a Master of Laws (LL.M.),
Diploma in Law, and LL.B from the University of
Nairobi.
She is currently a Partner at CM Advocates LLP,
where she is responsible for overseeing the
successful completion of complex real estate and/or
conveyancing deals and bank securities. She splits her
time between the law firm and CM Property Digest (a
company affiliated with the law firm) where she is the
Team Lead and Editor-in-Chief.
Adopting a Long-term Perspective in the Real Estate Sector