WHAT YOU NEED TO KNOW ABOUT EVICTION PROCESS. THE LEGAL FRAMEWORK Section 152 of the Land Act N0.6 of 2012; Provision of Notices For eviction. Eviction From Public Land, Section 152 C, outlines that the National Land Commission is responsible for notifying affected individuals at least three months in advance through written notices published in the Kenya Gazette, a newspaper of nation wide circulation and radio announcements in a local language. Eviction from unregistered community Land is provided in section 152d. It states that provision of notice is the responsibility of the County Executive Committee Member for land matters. It also provides for a mandatory written Notice, similar to public land. The section also demands that the process is detailed in the Kenya Gazette, a newspaper of nationwide circulation and radio announcements. Eviction From Private Land;- sec 152E This section requires that the Landowner serve a written notice at least three months before eviction in a...
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Showing posts from April, 2024
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WAYS IN WHICH YOUR RIGHT TO LAND CAN BE LOST. The Right to own and enjoy property as envisaged under section 40 of the Constitution is not Absolute. The constitution of Kenya provides that all Land belongs to the people of Kenya. Still, there are restrictions to this right that are of higher status to the individual. 1. Compulsory Acquisition .- Article 40 of the constitution provides that the state is not permitted to deprive any person of land or interest in land unless that deprivation is for a public purpose or for public interest. Public purposes are such as infrastructural development and construction of public utilities like roads, bridges, and hospitals. The government is mandated to fully compensate the Landowner/owners during the exercise of compulsory acquisition. This extends to bonafide occupants of land acquired, who may not hold ...
WHAT ABOUT THE FINANCE ACT, 2023.?
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Assented on 26th June 2023, Came into Force on 1st July 2023, while some amendments were earmarked for implementation on 1st September 2023 and 1st January 2024 respectively. Through this enactment, an alteration was made to the Income Tax, Value Added Tax(VAT), and Exercise duty regime, not to mention the administration of taxes in Kenya to implement the Government of Kenya's budgetary and fiscal measures for the 2023-2024 Financial Year. INCOME TAX. The Finance Act amended the Income Tax Act (Cap 470) as hereunder: Taxing the Digital Economy- Digital Asset Tax. Effected from 1st September 2023, it applies to income from the transfer or exchange of digital assets,( defined as anything of value that is not tangible such as cryptocurrencies, Non-Fungible Tokens (``NFTs'') token codes, and any digital representation of value that can be exchanged, stored or transferred electronically. Withholding Tax on Digital Content- Effected on 1st July 2023. Applicable on paym...