Maureen Nyambura Mwangi & Company Advocates

Maureen Nyambura Mwangi & Company Advocates "A pan-African Lawfirm aimed at providing personalized solutions to all your legal needs." Room No.C1

For more info,contact us at 0720225329/0778032617

We are located at Ruiru Town right opposite Ruiru Police station along the Ruiru-Githunguri Road.

10/04/2026

What you need to know about Registration of Movable Properties and Securities in Kenya


10/04/2026

Registration of Movable Properties and Securities in Kenya

The Movable Property Security Rights Act 2017 was enacted to facilitate use of movable property as collateral in credit facilities.

The three main objectives of the Act are to;
Enhance the ability of individuals and entities to access credit using movable assets
Promote consistency and certainty in secured financing relating to movable assets.

The Act also establishes the Office of the Registrar and a Registry to facilitate registration of movable assets.

Movable assets within the context of the Act refer to tangible assets such as Motor Vehicles, equipment, crops, livestock, machinery and intangible assets such as Intellectual Property.

The procedure and requirements for creating a security over a Movable asset include;-
1.Particulars of the Borrower/Grantor
2.Particulars of the creditor
3.Creditor's authorized representative eg. Director/Advocate's name
4.Details pertaining to the Collateral
5.Particulars of the secured loan
6.Information on whether consent of the grantor/borrower has been obtained.

In 2017,the Business Registration Service (BRS) established the MPSR Registry as the official government registry on matters pertaining to Movable assets.


04/03/2026

Boundary Disputes in General under the Environment and Land Court

Handling boundary disputes involves mediating and resolving disputes among land owners regarding the limits of their respective parcels of Land.

Generally,the process entails site inspections,review of document ownership and examination of cadastral maps,RIM and mutation forms.

The main goal is to establish the correct/true boundary and arrive at a mutually agreeable and an amicable solution.

This aids in maintaining peaceful land relations,and ensure accuracy of the land's records.

In Nzau versus Kemei & 2 others [ELC Case No.70 of 2023] the Court upheld the provisions of section 18 of the Land Registration Act and stated that ''Where there is a boundary dispute regarding uncertain boundaries, just like in this case, such disputes ought to be heard and determined not by this court, but by the Land Registrar who takes evidence from the parties and makes a decision.''


28/02/2026

Know your Environment and Land Tribunals

1. The Land Acquisition Tribunal was established in 2019 through an amendment to the Land Act to hear and determine appeals from the decisions of the National Land Commission on matters pertaining to Compulsory acquisition of Land.

2.The Energy Petroleum Tribunal, was established to hear and determine disputes and appeals within Kenya's energy and Petroleum sectors. The tribunal is a culmination of the Energy Act 2019 and the Petroleum Act 2019.

3. National Environment Tribunal it was established under the Environment Management and Coordination Act (EMCA) to provide a Framework for resolving conflicts related to environmental management and Conservation.

4. Water Appeals Tribunal-To hear and determine appeals at the instance of any person or institution directly affected by the decision or order of the Cabinet Secretary, the Water Resources Authority and Water Services Regulatory Board or of any person acting under the authority of the Cabinet Secretary, the Authority and Regulatory Board

23/02/2026

Circumstances that may warrant stamp duty exemptions

1.Transfer to charitable organizations such as gifts.

2.Transfer under a Family trust under section 52(2) of the stamp Duty Act stipulates that a transfer/an agreement of Conveyance operating as a voluntary disposition of property is exempt to stamp duty.

3.Transfer to immediate family (Legal Notice 92 of 2007) provides a Stamp Duty exemption in respect to transfer of Family property to a limited Liability Company whose shares are wholly owned by the nuclear family.

4. First time buyers under the Affordable Housing Scheme,whereby the Tax amendment Act,2018 amended the Stamp Duty Act vide section 117(k) which allows for exemption of stamp duty for first time home buyers to encourage home ownership.

5.Stamp duty incorporation of a Company
At incorporation of a Company,no stamp duty will be due on the Company's initial share capital.Any subsequent increases of capital is subject to a stamp duty of 1% of the amount of increase.

6. Educational institutions,where the stamp duty Act provides for exemption for an instrument for the sale or transfer of land for the construction of educational institutions.The provision does not stand where the purpose of the Land changes.

7. Special Exclusive Economic Zones under the SEZ Act 2015
The Stamp Duty Act provides for an exemption from stamp duty of any executing documents or instruments related to Special Exclusive Economic Zones.

8. Exemption of Stamp Duty with respect to some other classes of instruments for instance security documents such as Charge and Discharge of a Charge,&Surrender of Lease to the Government.


23/02/2026

Stamp duty Tax and Capital Gains Tax in Land Transactions.
Stamp duty tax and Capital Gains tax are some of the main significant costs that parties have to bear while purchasing property.

On one hand,stamp duty is tax levied upon transfer of the property and must be paid prior to the completion of the transaction while Capital Gains Tax is imposed from the profits made upon the sale of the property.The latter is paid by the seller whilst the former is paid by the purchaser.

For non-residential Property(Commercial Property) stamp duty tax is levied at 6% of the purchase price.
Residential property stamp duty is levied at 4% of the purchase price.

For Capital Gains Tax charged at 5% on the profit made from out of the sale of a property. Profits are calculated by deducting the property's purchase price and other associated costs such as Legal fees and improvements.


23/02/2026

Easements and analogous/property rights at a Glance
The two main types of analogous rights are;-
1. Way leaves
2. Easement

A Way leave as per the definition provided for under the Way Leave Act Cap 292 is a right of way over another proprietor's Land.The Right of way may be for the purpose of sewerage pipelines and power lines over/under a person's Land and may interfere with the existing buildings. Thus a Way leave is registrable as an easement.

Easements
Types of Easements include;-
1.Using road or path on servient land
2.Using drains under servient land
3.Parking on the servient land
4.Storage on the servient land

Some of the essential characteristics of an easement is that there must be two distinct areas of land that is a dominant and a servient,and both of them must be two distinct persons.




23/02/2026

Differentiating between cautions,inhibitions and restrictions (Part Three)(3)

Section 76 of the Land Registration Act defines a restriction as an order made by the Land registrar limiting certain dealings on land. A restriction unlike a caution and inhibition is administratively imposed by the Registrar either on his/her motion or an application by an interested party.

Key tenets of a Restriction are;-
1. Restriction of dealings unless conditions of the restrictions are met.
2.Prevents fraud and improper dealings.

3. A restriction is issued by the Registrar's own motion or by an interested party.


23/02/2026

Differentiating between cautions,inhibitions and restriction(Part Two) (2)

Section 68 of the Land Registration Act defines an inhibition as a Court order that prohibits any dealings relating to land,lease or a charge either for a specified period or until occurrence of an event.An inhibition must be issued by the court unlike a caution which can be lodged by the Registrar of Land.

The process of lodging the inhibition entails;-

1.Court Application whether the applicant approaches the Court by way of a Notice of Motion.

2. Issuance of the sealed Court Order upon completion of the application's hearing.

3.Registration of the Court order,The order is lodged with the Registrar using Form LRA 66 and the inhibition is issued in the Register.

An inhibition may be cancelled on the following grounds;-
1.Court order
2.Expiry of the specified time
3.Upon sale by a Lender.


23/02/2026

Differentiating cautions,inhibitions and Restrictions in Conveyancing and Land Law Part one (1)

Section 2 of the Land Registration Act defines a caution as a legal notice registered against the title of land, aimed at preventing any dealings in respect of that land without notifying the cautioner and operates as a warning to third parties concerning the existence of another party's claim or interest over the land.

Persons who may lodge/apply a Caution include
A person claiming interest over the Land for instance a beneficiary under a will or a purchaser who has paid part of the Purchase price).

Upon registration,no transfer,lease or charge that is inconsistent with the caution may be registered without the consent of the cautioner

Lodging a wrongful caution/without reasonable cause may result to payment of compensation to any person who suffers loss.


23/02/2026

What you need to understand about Consent of second/subsequent charges under Conveyancing Law

The Consent is generally used in circumstances where a property has an existing charge and the borrower/chargor intends to create a second/subsequent charge over the same parcel of Land.

For it to suffice,the Chargee/initial lender must first consent to allow the second/subsequent lender to register interest over the same property.

The consent ensures that the following purposes are served:-
1. Protect the borrower by ensuring that all charges are validly recorded in the Land Register.

2. Clear priority of charges is established.

3.Obtain formal consent from the existing chargee prior to registering another charge.



23/02/2026

The scope and meaning of a Discharge of a Charge

A discharge of a Charge is a legal process that signifies removal of a charge/encumbrances from the Certificate of Title.The process is necessary when the borrower/chargor fully pays the loan amount and gets to reclaim total ownership over the property.

The steps to securing and executing a discharge of a Charge are as stated hereunder;-

1.Loan settlements where the chargor must clear all outstanding balances that pertain to the charged property.

2. Drafting of the discharge of charge shows that the chargee no longer holds proprietary interest over the Land and the said document must be executed in the presence of an Advocate.

3. Ex*****on and stamping by the Kenya Revenue Authority and the stamp duty payable is heavily dependent on the value of the property and the institution involved.

4. Presentation of the lodged documents at the Land's registry ,where the requisite documents that are needed are;-
The original title deed
The executed and stamped discharge of charge document
Proof of identity
A duly filed application form.

5.Registration of the Discharge of Charge from the Land Registry,where upon completion the property is freed from any encumbrances.

6.Issuance of the updated Title Deed which shows that the property is deemed free from any encumbrances.


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Nairobi

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