Section 47 of Sectional Properties Act CAP 286: Termination of sectional property
The sectional status of a building may be terminated by— (a) unanimous resolution; (b) substantial or total damage to the building; or (c) compulsory acquisition.
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7,070 resultsSection 48 of Sectional Properties Act CAP 286: Effect of termination of sectional property
(1) On the sectional status of the building being terminated under section 47,the Corporation shall forthwith file with the Registrar a notice of the termination in the prescribed form. (2) On the receipt of a notice referred to in subsection (1) the Registrar shall make a notification in respect of…
Section 49 of Sectional Properties Act CAP 286: Sale of sectional property
(1) When the sectional status of a building is being terminated, the Corporation may, by a unanimous resolution, be directed to transfer the parcel or any part of it. (2) When the board is satisfied that the unanimous resolution was properly passed, the transfer shall be executed in accordance to La…
Section 50 of Sectional Properties Act CAP 286: Dissolution of Corporation
(1) The corporation shall stand dissolved upon the termination of the sectional property. (2) By the same or subsequent order the Court may declare the Corporation dissolved on a date specified in the order.
Section 51 of Sectional Properties Act CAP 286: Assessment and taxation
(1) The rating authority shall assess rates, charges ground rent and taxes inrelation to the parcel or a part of it. (2) For the purpose of assessment of rates and ground rent by a rating authority — (a) each unit and the share in the common property appurtenant to the unit constitutes a separate pa…
Section 52 of Sectional Properties Act CAP 286: Liability of Corporation
The Corporation is not liable in relation to the parcel for any rate, ground rent, charge or tax levied by a rating authority.
Section 53 of Sectional Properties Act CAP 286: Right of entry
A county government, public authority or person authorized by either a county government or public authority shall have the right to access any part of a parcel or any other part of the parcel to the extent necessary or expedient to enable it or him to exercise its or his powers.
Section 54 of Sectional Properties Act CAP 286: Service of documents and notices
(1) Service of a document shall be effected through— (a) physical delivery to a registered office or by registered post; (b) personal service on a member of the board; or (c) electronic transmission. (2) For the purposes of this section, "document" includes a summons, notice, tax notice, order and o…
Section 55 of Sectional Properties Act CAP 286: Change of address for service
(1) A Corporation may by resolution of the board change its address for service. (2) A change in the address for service under subsection (1) does not take effect until a notice of that change of address is filed in the prescribed form at the land registry.
Section 56 of Sectional Properties Act CAP 286: Fees for documents
The Corporation may charge a reasonable fee for the expenses incurred in producing and providing a document required under this Act.
Section 57 of Sectional Properties Act CAP 286: Offences and penalty
(1) A person who fails to comply with section 13(1) or 43 is guilty of an offence and shall be liable on conviction to a fine not exceeding twenty million shillings or imprisonment for one year. (2) Subject to subsection (1), a person who contravenes the provisions of thisAct, for which no specific…
Section 58 of Sectional Properties Act CAP 286: Waiver, release, etc.
(1) This Act applies notwithstanding any agreement to the contrary and any waiver or release given of the rights, benefits or protections provided by or under this Act is void. (2) A remedy that a purchaser of a unit has under this Act is in addition to anyother rights or remedies that he has at law…
Section 59 of Sectional Properties Act CAP 286: Regulations
(1) The Cabinet Secretary may make regulations— (a) in respect of forms to be used for the purposes of this Act including the form of certificates of title to units; (b) respecting the manner of registering sectional plans; (c) prescribing the fees to be paid for any procedure or function required o…
Section 1 of The Rent Restriction Act CAP 296: Short title
This Act may be cited as the Rent Restriction Act.
Section 2 of The Rent Restriction Act CAP 296: Application
(1) This Act shall apply to all dwelling-houses, other than— (a) excepted dwelling-houses; (b) dwelling-house let on service tenancies; (c) dwelling-houses which have a standard rent exceeding two thousand five hundred shillings per month, furnished or unfurnished. (2) Where a dwelling-house is let…
Section 3 of The Rent Restriction Act CAP 296: Interpretation
(1) In this Act, except where the context otherwise requires— "cost of construction", in relation to premises, means the cost of constructing the premises at the time of construction, increased— (a) where construction was completed before the 1st January, 1943, by 150 percent; (b) where construction…
Section 4 of The Rent Restriction Act CAP 296: Rent tribunals
(1) The Cabinet Secretary shall, by notice in the Gazette, establish such Rent Tribunals, having jurisdiction in such areas, as he may think fit. (2) The Cabinet Secretary shall, by notice in the Gazette, appoint a Chairperson of each tribunal and may similarly appoint, subject to such conditions an…
Section 5 of The Rent Restriction Act CAP 296: Powers of court
(1) The tribunal shall have power to do all things which it is required or empowered to do by or under the provisions of this Act, and in particular shall have power— (a) to assess the standard rent of any premises either on the application of any person interested or of its own motion; (b) to fix i…
Section 6 of The Rent Restriction Act CAP 296: Investigation of complaints by the tribunal
(1) In addition to any other powers specifically conferred on it by this Act, the tribunal may investigate any complaint relating to the tenancy of premises made to it by either a tenant or the landlord of those premises. (2) Any tenant or any landlord making any such complaint to the tribunal shall…
Section 7 of The Rent Restriction Act CAP 296: Penalty for failure to comply with lawful order of the tribunal
Any person who fails to comply with any lawful order or decision of the tribunal after the expiration of the time allowed for an appeal therefrom, or, if an appeal has been filed, after such order or decision has been upheld, shall be guilty of an offence and liable to a fine not exceeding two thous…
Section 8 of The Rent Restriction Act CAP 296: Appeals
(1) Except as provided by subsection (2), every decision, determination and order of the tribunal under the provisions of this Act shall be final and conclusive, and no appeal shall lie therefrom to any court. (2) An appeal shall lie to the Environment and Land Court from any such decision, determin…
Section 9 of The Rent Restriction Act CAP 296: Restriction on increasing rent
Subject to this Act, the landlord of premises shall not be entitled to recover any rent in respect thereof in excess of the standard rent, notwithstanding any tenancy agreement or lease executed between the landlord and the tenant or any other agreement, in writing or otherwise, as to the amount of…
Section 10 of The Rent Restriction Act CAP 296: Penalty for accepting excess rent
Where, after the commencement of this Act, the landlord of any premises, or any agent, clerk, or other person employed by him, demands or accepts any rent in respect of such premises which exceeds the standard rent thereof by more than any amount permitted under this Act, or demands or accepts an ad…
Section 11 of The Rent Restriction Act CAP 296: Permitted increases in rent
(1) A landlord may, by notice in writing to the tenant a copy whereof shall be delivered to the tribunal, increase the rent of any premises as follows— (a) in the case of premises— (i) upon which rates payable by the landlord have increased since the premises were let to the tenant, by the amount of…
Section 12 of The Rent Restriction Act CAP 296: Penalty for false statement in notice
If a notice served under the provisions of subsection (1) of section 11 contains any statement or representation which is false or misleading in any material respect, the landlord shall be guilty of an offence and liable to a fine not exceeding one thousand shillings, unless he proves that the state…
Section 13 of The Rent Restriction Act CAP 296: Limitation as to permitted increase in rent
(1) Nothing in this Act shall be taken to authorize any increase of rent except in respect of a period during which, but for the provisions of this Act, the landlord would be entitled to obtain possession. (2) Notwithstanding any agreement to the contrary, where the rent of any premises is increased…
Section 14 of The Rent Restriction Act CAP 296: Restriction on right to possession
(1) No order for the recovery of possession of any premises or for the ejectment of a tenant therefrom shall be made unless— (a) some rent lawfully due from the tenant has not been paid, or some other obligation of the tenancy (whether under the contract of tenancy or under this Act) so far as it is…
Section 15 of The Rent Restriction Act CAP 296: Notices to quit
Where notice to quit is required to be given in respect of premises it shall be in writing, and where the required period of notice is not elsewhere specified in this Act it shall be not less than one month’s notice ending at the end of a tenancy month: Provided that the tribunal shall construe noti…
Section 16 of The Rent Restriction Act CAP 296: Restriction on levy of distress for rent
No distress for the rent of any premises shall be levied except with the leave of the tribunal.
Section 17 of The Rent Restriction Act CAP 296: Restriction on premiums
(1) No person shall, as a condition of the grant, assignment, renewal or continuance of a tenancy, lease, sublease, subletting or occupation of any premises require the payment of or take any fine or premium or other similar sum, or any consideration consisting of money or money’s worth, in addition…