Sectional Properties Actmatayo odongo
Nairobi, Friday 20 th April, 2018 …The Ministry of Lands and Physical Planning will next week kick off a Public education exercise to sensitize members of the public on Amendments to the “Sectional Properties Act” of 1987.
The “Sectional Property Act” was enacted in 1987 and become operational on 1 st April 1990.
The exercise will begin in Kisumu on 24 th April followed by Eldoret on 26 April and Mombasa on 3 rd May respectively.
The Lands Ministry is in the process of reviewing the sectional properties act of 1987 to align it with the constitution and the new land laws.
Lands CAS Hon. Gideon Mung’aro disclosed this on Tuesday during a one day Public Participation Forum on Amendments to “Sectional Properties Act,” in Nairobi.
The Stakeholder Consultative Forum attracted among others Estate Agents, Surveys, Valuers, Lawyers, Land Registrars and Physical Planners.
Hon Mung’aro said that Housing which is part of the big four agenda calls for harmonization of existing laws governing urban development factors
and housing delivery in order to promote low and middle income housing units and also enhancement of security of tenure through issuance of proper ownership document.
The Lands CAS said that the reason for amending the Act is to allow for creation of sectional titles in respect of land previously registered under any repealed land laws.
“Article 43(1) (b) of the Act says every person has the right to accessible and adequate housing and to reasonable standard of sanitation.” Said Hon. Mung’aro.
The Lands CAS said that if implemented the Act will go a long way to give effect to this right.
He added that the Act provides for registration of the sectional units as well as management of common areas.
An Inter-Ministerial committee under the Chairmanship of the Ministry’s Chief Legal Counsel Ms. Terry Gathagu has been collecting comments and views that will inform the intended Amendments to the Act.
Ms. Gathagu said that the stakeholder’s views are very important in enriching the process.
The Sectional Properties Act 1987 can be accessed through the ministries website www.ardhi.go.ke and Kenya law reform website www.kenyalaw.org.
Joseph K. Mwangi