KENYA SCHOOL OF LAW

ADVOCATES TRAINING PROGRAMME

ATP 107: CONVEYANCING
PROJECT WORK 2024-2025 FOR ALL CLASSES

Instructions
1. Answer ALL questions
2. The project work question totals to 20 marks
3. All Firms should have distinctly different work even though the questions are similar.
4. You must adhere strictly to the Kenya School of Law Project work Guidelines 2024 –
shared on email. Failure to observe these guidelines will attract penalties.

PROJECT WORK QUESTIONS

Chapa Kazi Mwekezaji has been in the business of real estate since the 1950s, over which
period has he acquired and disposed several pieces of land around Kenya, including
sectional/condominium titles. He is restructuring his property portfolio with a view of
forming a trust over some the properties, and disposing a few to raise funds for
construction of apartments. He notes that the titles to his properties are not similar and
there appears to be variations in the law under which the properties were registered. He
however seems to appreciate that before Kenya was declared a protectorate and colony,
the regulatory framework must have been different; and that the colonialists came with
their system including laws governing land transactions. He is however not certain what
may have happened upon the declaration of independence, but remembers that at some
point disposition of property by Africans was to be governed by a system similar to that
which initially applied to the colonial settlers only. He is also aware that land was at the
centre of the constitutional review process that culminated in the promulgation of the
Constitution of Kenya 2010, upon which there were legislative reviews of laws on land.

Chapa Kazi Mwekezaji is not certain that the sale of some of his properties will fetch
sufficient funds to set up apartments. Hence, using his national government leasehold
granted in 1945 for 99 years over Land Reference Number 12715/40 situate at the
Soykimau area of Nairobi next to the Standard Gauge Railway and the Old Railway, and
opposite the Jomo Kenyatta International Airport, as a collateral, he has secured a loan
from one of the banks to finance the construction of the apartments.

Further, he has heard from his real estate peers that the legal regime governing sectional
properties is on the transition stage, and that he still has two options of proceeding with
the set up and disposition of the said apartments, but also that he will later be obligated to
transition them into the emergent regime.

Meanwhile, Chapa Kazi Mwekezaji has expressions of interest from prospective

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purchasers of the proposed apartments, which at the moment are at the off-plan stage.
Some of the purchasers, including non-Kenyan citizens, have indicated that their purchase
will be partially financed.

In light of the foregoing:

a. Discuss the legal regime governing Conveyancing in Kenya, pre and post
colonisation, noting to provide sample titles under the said regimes (5 marks)

b. In view of the holding in the Supreme Court Petition 8 (E010) of 2021) [2023] KESC
30 (KLR): Dina Management Limited v County Government of Mombasa & 5
others, what is the scope of due diligence that you will conduct as an Advocate for
a Purchaser of a proposed apartment in yet to be completed development. (5
marks)

c. Explore the Conveyancing cycle from the moment Chapa Kazi Mwekezaji walks
into your chambers to issue instructions to act for him, to the point of actual
disposition of ownership over the apartments (5 marks)

d. Identify and draw the various instruments of Conveyancing applicable in the

transaction (5 marks)