Karanja Njenga Advocates

News & Updates

The conversion of long-term leases into sectional units.

The conversion of long-term leases into sectional units is a critical process under the Sectional Properties Act, 2020, and its accompanying Regulations, aimed at transitioning property ownership from leasehold models into the modern, unit-based registration system. The conversion seeks to modernize real estate registration by anchoring individual ownership to clearly defined and registered units. This […]

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Conveyancing

Preserving the Fruits of Litigation: Order 39 Civil Procedure Rules and Mareva Injunctions

Justice demands that litigation should bear fruit; a successful claimant must not be left with a barren decree but with a judgment that can be realised in practice. One of the greatest frustrations in civil litigation is when, after years of trial and expense, a successful party finds that their judgment is of no practical

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Commercial law, News & Updates, Uncategorized

Securing loans using movable assets: How to register a security right under MPSR Act

Security right means a property right in a movable asset that is created by an agreement to secure payment or other performance of an obligation, regardless of whether the parties have denominated it as a security right, and regardless of the type of asset, the status of the grantor or secured creditor, or the nature

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Commercial law

Understanding Time shares, fractional ownerships and Sectional Titles

Think of a holiday home open to more than just single ownership. The law now makes it possible for such a property to be enjoyed in different ways. One person may hold rights to occupy it during certain periods, another may join with others to share both the benefits and responsibilities of keeping it, while

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Conveyancing

Buying a charged property? Here is what you need to know

In Kenya’s real estate transactions, the presence of a charge on land does not bar its sale. As long as ownership can be established through proper due diligence, a property whether charged or not, remains a transferrable interest. A registered charge simply reflects a lender’s interest, not a legal prohibition on sale. It is not

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Conveyancing

Company Resolutions and Meetings under the Companies Act 2015 (Kenya)

Modes of Passing Resolutions For private companies, the law permits two distinct modes through which members can pass resolutions: By means of a written resolution, or At a general meeting convened for that purpose. This flexibility, however, is not extended to public companies. In the case of public companies, resolutions may only be passed during

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Commercial law

The Face Behind the Mask- Identifying beneficial ownership in company law

In company law, the concept of the corporate veil means that a company exists as a separate legal person, distinct from its shareholders and directors; a principle established in the famous English case of Salomon v Salomon. This veil grants companies limited liability . However, the veil can be used to hide the true individuals

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Commercial law

Too young to sign?- When a minor can get into a contract

Capacity is one of the most essential elements in the formation of a valid contract. It ensures that parties entering into legal agreements do so with a full understanding of the rights, duties, and consequences that follow. In the eyes of the law, capacity is primarily determined either by mental soundness or by age—specifically, attaining

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Commercial law, Legal Updates