Section 5 of the National Land Commission Act stipulates the functions of the National Land Commission. The functions, therein, are inter-alia derived from Article 67(2) of the Constitution of Kenya. The Supreme Court of Kenya, In the Matter of the National Land Commission, whilst rendering an advisory opinion[3] sought by the Commission emphasized on Functional independence: that entailed commissions exercising their autonomy through carrying out their functions, without receiving any instructions or orders from other State organs or bodies. That had also been referred to as administrative independence. Functional independence was in line with the general functions and powers of commissions, as provided under articles 252 and 253 of the Constitution[4]. The Supreme Court of Kenya in its Advisory Opinion underlined the Perception of independence: That meant the commissions had to be seen to be carrying out their functions free from external interferences. The perception of independence was crucial in showing proof of independence.
Tag: Law Practice
The A,B,C For Sale and or Purchase of Land; A Kenyan Mwananchi Guide.
You want to buy or sell land in Kenya, the Institution of Surveyors, Kenya recommends the following prescribed procedures as best practice. It is advisable to involve… Read more “The A,B,C For Sale and or Purchase of Land; A Kenyan Mwananchi Guide.”
Instances When One Can Acquire Title And Or Interest In Land Without The Formalities & Rigors of Conveyancing Through Sale Agreements & Subsequent Registration of Transfers.
INTRODUCTION The law governing disposition of interests in land requires that parties must go through two stages. The stages being, entering into a contract for sale of… Read more “Instances When One Can Acquire Title And Or Interest In Land Without The Formalities & Rigors of Conveyancing Through Sale Agreements & Subsequent Registration of Transfers.”
Originating Summons in Kenyan Courts; Applicable Instances.
Originating Summons applications are anchored in The Civil Procedure Rules, 2010 under Order 37. Order 37 partly spells out instances where Originating summons are used to invoke… Read more “Originating Summons in Kenyan Courts; Applicable Instances.”
Kenphilip Oriku Blog 