Property Law Assignment

Q1

a. Discuss the extent to which the constitution of Kenya 2010 provides clarity on who between the county government, national government and the National Land commission is in charge of public land. (15 marks)

b. The recent flooding led to deaths of several hundreds of people, displacement of many others and destruction of property. The local community around Mai Mahiu have approached you with a view to instituting public interest litigation against the government for non-adherence to the legal provisions on land use planning which resulted in construction within riparian lands. They have requested that you prepare a legal opinion that analyses the legal framework and jurisprudence from the courts and use this to help them determine the chances of success of their court action. Prepare the brief. ( 15 Marks).

Q2

Discuss the accuracy of the following statements with reference to Kenyan law and relevant case law.

a. A joint tenant can pass ALL or can pass NOTHING to the heirs. (5 Marks)

b. Overriding interests take priority over the interest of the registered proprietor. (5 Marks)

c. Unregistered customary interests in land are extinguished upon registration of private title, unless they are indicated on the register. (5 marks)

d. Easements have the same legal effect as adverse possession (5 marks)

Q3

Mzee Muungano and his wife Mama Muungano pride themselves in being active members of their community, and love taking part in initiatives that bring people together. They are also avid ranchers and are always eager to learn about how to pursue ranching more efficiently and in an environmentally sustainable way. Since the 1980s they have been part of several collective ranching initiatives, with varying degrees of community cohesiveness and efficiency in governance of the group dynamics and group resources. They have been hearing about changes in how collective ranching is regulated, but it is all a bit of a muddle to them. Over the years, they have been in groups organised in a variety of ways. In one group, a livestock officer from the Ministry of Agriculture used to attend the meetings and play a key role in the group's decision-making. In another, it was an officer from the Ministry of Cooperatives. In another, some prominent men whom everyone called 'Dairekta' seemed to run the show. Now they hear that all this will change, and that the county government will also be involved somehow. Mrs. Muungano in particular, has heard that under the new structure, women like herself can expect to have a better deal and a stronger voice in collective ranching affairs.

They are your neighbours and, upon learning that you are studying the law dealing with property, are keen to have you help them make sense of it all. Write a detailed but concise note to guide your conversation with Mzee and Mama Muungano. (20 marks)

Q4

Otieno, a real estate entrepreneur took a loan of KShs 12 million from KCB bank in 2020, and charged his land, Kisumu/Block 6/678 as security. The loan was being serviced in monthly instalments of kshs 230,000 for ten years. This has been made possible by monthly rent collection from the parcel of land which varies from KShs 250,000 to KShs 270,000 monthly depending on availability of tenants. Recently, due to the introduction of the affordable housing project by the government, most of the tenants have vacated, with the result that Otieno has now been in default for the last three months. The bank has advertised the parcel of land for sale in exercise of its right of sale under the law.

Advise the parties on their respective rights under the transaction. (20 marks)

Q5.

In a passionate speech made to his constituents during a stop-over at Mwembe Tena Market, Senator Jenda states as follows: 'Without colonialism, all the land problems in Kenya would be unheard of.' Many nod their heads in agreement while a few dismiss his statement with a wave of the hand. Discuss the extent to which Senator Jenda's statement is accurate. (20 marks)