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Frequently Asked Legal Questions (FALQs) [Part 1] – Conveyancing & Real Estate

1. What is the legislative framework governing Conveyancing and Real Estate in Kenya? The Constitution of Kenya, 2010 – Chapter 5 of the Constitution which is titled “Land and Environment” provides a legal framework for transactions in land in the country; National Land Commission Act, 2012 (NLCA) which provides for the functions and powers of …

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Road Traffic Accidents Involving Heavy Commercial Vehicles [Part 3]

General Background According to the Annual Accident Report by the National Transport and Safety Authority (NTSA) for the financial year 2018/2019, there were a total of 3,409 lives lost on Kenyan roads as at 30th December, 2019 compared to 3,004 lives during a similar period in the previous year. These numbers are in line with …

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Road Safety Series_Gerivia

Understanding Road Safety in Kenya: The Law vs Attitude [Part 2]

Road transport safety is significantly less developed than that of rail, water and air. The average individual risk of fatality in relation to the distance covered is thirty times higher in road transport that in the other modes. This is according to an article “Tools for Road Infrastructure Safety Management- the Polish Experience” (2014- available …

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Frequently Asked Legal Questions (FALQs) – Public Procurement & Asset Disposal

What is public procurement? Under Section 2 of the Public Procurement and Asset Disposal Act, 2015 (hereinafter referred to as “the PPADA” or “the Act”), “public procurement” means procurement by procuring entities using public funds. In the same section, “procurement” is defined to mean acquisition by purchase, rental, lease, hire purchase, license, tenancy, franchise, or …

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Aviation Law_GeriviaLLP

A Candid Review Of The National Aviation Management Bill, 2020 Part II – Exemption From Laws & Proposed Solutions

Part I of this article on review of the National Aviation Management Bill, 2020 (hereinafter the Bill) focused on provisions of the Bill as contained in the clauses/sections and highlighted the main areas of concern. The second part of this article will focus on the Schedules of the Bill which contain provisions that seek to …

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Aviation Law_Gerivia LLP

A Candid Review Of The National Aviation Management Bill, 2020 (Part I)

Introduction On 28th September 2020, Gerivia Advocates LLP, amongst other law firms and organisations, were invited to Parliament by the Departmental Committee on Transport, Public Works and Housing, which is Chaired by Honourable David Losiakou Pkosing, to make submissions on the National Aviation Management Bill, 2020 (hereinafter the Bill). This invitation emanated from the submission …

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