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Centre for Affordable Housing Finance in Africa
  • LEGAL, POLICY AND INSTITUTIONAL REVIEW OF THE AFFORDABLE HOUSING SECTOR IN KENYA
  • QUICK LINKS TO SEARCH FOR THE SOURCE REGULATORY DOCUMENTS
  • BILLS SCHEDULE
  • NEW DEVELOPMENTS
  • PLEASE SHARE YOUR COMMENTS & FEEDBACK
  • 1. SUMMARY of RECOMMENDATIONS
    • High Level Findings / Recommendations
    • Overall Policy & Regulatory Framework Recommendations
    • Land assembly, land acquisition, title, and registration of land tenure
    • Physical Planning
    • Construction and Maintenance
    • Financing (investment, rental, taxation)
  • 2. HOUSING VALUE CHAIN
    • i. Land assembly, Land Acquisition, Title and Registration of Land Tenure
    • ii. Physical Planning
    • iii. Construction and Maintenance
    • iv. Financing (investment, rental, taxation)
  • 3. INSTITUTIONS INVOLVED IN REGULATION OF HOUSING
    • i. Key National Government Ministries
    • ii. Secondary National Government Ministries
    • iii. County Governments
    • iv. Judiciary
    • v. Professional regulatory and advocacy bodies
  • 4. OVERARCHING POLICIES AND CONTEXT
  • 5. LAND ASSEMBLY, LAND ACQUISITION, TITLE AND REGISTRATION OF TENURE
  • 6. PHYSICAL PLANNING
  • 7. CONSTRUCTION AND MAINTENANCE
  • 8. HOUSING INVESTMENT, FINANCE & TAXATION
    • 8.1 Capital Markets and Wholesale Finance (Equity and Debt)
    • 8.2 Retail Finance
    • 8.3 Financial regulation of rental markets
    • 8.4 Taxation
  • ANNEX A: LAWS / POLICIES / REGULATIONS GOVERNING THE BREADTH OF THE HOUSING VALUE CHAIN
    • 1. Constitution of Kenya 2010
    • 2. Housing Act, 1953 Cap 117 (Revised in 2012)
    • 3. Housing Bill, 2021
    • 4. Sessional Paper No. 3 of 2016 on National Housing Policy
    • 5. Affordable Housing Act 2024
    • 6. Draft Affordable Housing Regulations, 2024
    • 7. The Economic and Social Rights Bill 2022
  • ANNEX B: LAWS / POLICIES / REGULATIONS GOVERNING LAND ASSEMBLY / ACQUISITION / TITLE / TENURE
    • 1. Land Act, No. 6 of 2012
    • 2. Land Registration Act, No. 3 of 2012
    • 3. Idle Land Taxation Policy 2018
    • 4. Community Land Act. No. 27 of 2016
    • 5. Sessional Paper No. 3 of 2009, the National Land Policy
    • 6. National Land Commission Act, No. 5 of 2012
    • 7. National Land Commission (Investigation of Historical Land Injustices) Regulations, 2017
    • 8. National Land Commission (Amendment) Bill, 2023
    • 9. Land Control Act (Cap 302), 1967
    • 10. Land Control Bill, 2023
    • 11. Environment and Land Court Act No. 19 of 2011
    • 12. Survey Act No. 25 of 1961 (Cap 299)
    • 13. Land Registration (General) Regulations, 2017
    • 14. Land Registration (Registration Units) Order, 2017
    • 15. Sectional Properties Act, No. 21 of 2020
    • 16. Land (Amendment) Bill 2022
  • ANNEX C: LAWS / POLICIES / REGULATIONS GOVERNING PHYSICAL PLANNING
    • 1. Sessional Paper No. 1 of 2017 on National Land Use Policy
    • 2. National Land Use Policy Implementation Monitoring and Oversight Tool 2022
    • 3. Kenya National Spatial Plan (2015-2045)
    • 4. Physical and Land Use Planning Act, No. 13 of 2019
    • 5. Physical and Land use Planning (Planning fees), Regulation 2021
    • 6. County Spatial Planning Guidelines, 2018
    • 7. Nairobi City Development Ordinances and Zones Guidelines 2004
    • 8. Nairobi Integrated Urban Development Master Plan (2014-2030)
    • 9. Physical Planning Handbook 2008
    • 10. Sessional Paper No. 10 of 2014 on The National Environment Policy
    • 11. Urban Areas and Cities Act, No. 13 of 2011
    • 12. Physical Planners Registration Act, No. 3 of 1996
    • 13. Export Processing Zones Act, 1990 (Cap 517)
    • 14. Investment Promotion Act, No. 6 of 2004
    • 15. Special Economic Zones Act, No. 16 of 2015
    • 16. Nairobi City County Regularization of Development Act No. 3 of 2015
    • 17. Nairobi City County Community and Neighbourhood Associations Engagement No. 4 of 2016
    • 18. Sectional Properties Regulations, 2021
    • 19. Nairobi City County Development Control Policy
  • ANNEX D: LAWS GOVERNING CONSTRUCTION AND MAINTENANCE
    • 1.Local Government (Adoptive ByLaws) Building Order, 1968 and The Local Government (Adoptive By-Laws
    • 2. National Building Code, 2024
    • 3. National Construction Authority Act, No. 41 of 2011
    • 4. National Construction Authority Regulations, 2014
    • 5. NCA Code of Conduct for the Construction Industry, 2020
    • 6. National Construction Authority (Defects Liability) Regulations, 2020
    • 7. Standards Act, 1974 (Cap 496)
    • 8. Buy Kenya-Build Kenya Strategy 2017
    • 9. Sessional Paper No. 1 of 2013 National Building Maintenance Policy for Kenya
    • 10. National Risk Disaster Management Bill 2023
    • 11. Kenya National Climate Change Response Strategy 2010
    • 12. Sustainable Waste Management Act 2022
    • 13. Forest Conservation and Management Act, No. 34 of 2016
    • 14. Forests (Harvesting) Rules, 2009
    • 15. Public Health Act, 1921 (Cap 242)
    • 16. Public Health (Drainage and Latrine) Rules, 1948
    • 17. Mining Act, No. 12 of 2016
    • 18. Persons with Disabilities Act, No. 14 of 2003
    • 19. The Climate Change (Amendment) Act, 2023
    • 20. Water Act No. 43 of 2016
    • 21. Environmental Management and Coordination Act, No. 8 of 1999
    • 22. Environmental (Impact Assessment and Audit) Regulations, 2003
    • 23. Environmental Management and Co-ordination (Water Quality) Regulations, 2006
    • 24. Environmental Management and Coordination (Noise and Excessive Vibration Pollution) (Control) Re
    • 25. Energy Act No. 1 of 2019
    • 26. Proposed Climate Change (Green & Resilient Buildings) Regulations 2023
    • 27. The National Construction Authority (Amendment) Bill 2022
    • 28. The Water (Amendment) Bill, 2023
    • 29. Persons with Disabilities Bill, 2023
    • Case Law
  • ANNEX E: LAWS AND POLICIES RELATING TO PROFESSIONALS IN HOUSING
    • 1. Architect and Quantity Surveyor Act, 1933 (Cap 525)
    • 2. Architects and Quantity Surveyors By-Laws, 1959
    • 3. Competition Act, No. 12 of 2010
    • 4. Engineers Act, No. 43 of 2011
    • 5. Engineering Rules, 2019
    • 6. Engineers (Scale of Fees for Professional Engineering Services) Rules, 2022
    • 7. Engineering Technology Act, No. 23 of 2016
    • 8. Valuers Act, 1985 (Cap 532)
    • 9. The Construction Project Managers and Construction Managers Bill 2023
    • 10. The Real Estate Management Bill 2023
    • 11. The Physical and Land Use Planning (Outsourcing of Professional Services) Regulations, 2021
    • 12. The Valuers Bill, 2022
  • ANNEX F: LAWS GOVERNING FINANCING / RENTAL / TAXATION
    • 1. Retirement Benefits Act, No. 3 of 1997
    • 2. Building Societies Act, 1956 (Cap 489)
    • 3. Banking Act, 1989 (Cap 488)
    • 4. Capital Markets (Real Estate Investment Trusts) (Collective Investment Schemes) Regulations, 2013
    • 5. Central Bank of Kenya Act 1966 (Cap 491)
    • 6. Estate Agents Act, 1984 (Cap 533)
    • 7. Sacco Societies Act, No. 14 of 2008
    • 8. Sacco Societies (Deposit-Taking Sacco Business) Regulations 2010
    • 9. Sacco Societies (Non-Deposit Taking Business) Regulations 2020
    • 10. Sacco Societies (Amendment) Act, 2022
    • 11. Sacco Societies (Specified Non-Deposit Taking Business) (Levy) Order, 2023
    • 12. Cooperative Societies Act, No. 12 of 1997
    • 13. Employment Act, No. 11 of 2007
    • 14. Guarantee (House Purchase) Act, 1967 (Cap 462)
    • 15. Civil Servants (Housing Scheme Fund) Regulations, 2004
    • 16. Housing Scheme Fund Regulations, 2018 (Legal Notice No. 238 of 2018)
    • 17. Income Tax Act (Cap 470)
    • 18. Finance Act, No. 22 of 2022
    • 19. Public Finance Management Act, No. 18 of 2012
    • 20. Unclaimed Financial Assets Act, No. 40 of 2011
    • 21. Proceeds of Crime and Anti-Money Laundering Act, No. 9 of 2009
    • 22. Kenya Deposit Insurance Act, No. 10 of 2012
    • 23. Mortgages (Special Provisions) Act, 1968 (Cap 304)
    • 24. Auctioneers Act No. 5 of 1996
    • 25. Auctioneers Practice Rules 2009
    • 26. Auctioneer Rules, 1997
    • 27. Rent Restriction Act, 1959 (Cap 296)
    • 28. Stamp Duty Act, 1958 (Cap 480)
    • 29. Stamp Duty (Valuation of Immovable Property) Regulations 2020
    • 30. Value Added Tax Act, No. 35 of 2013
    • 31. Public Private Partnerships Act, No. 14 of 2021
    • 32. County Governments Act, No. 17 of 2012
    • 33. National Rating Act, 2024
    • 34. Distress for Rent Act, 1938 (Cap 293)
    • 35. Landlord and Tenant Bill, No. 3 of 2021
    • 36. The Cooperatives Bill, 2024
    • 37. The Central Bank of Kenya (Mortgage Refinance Companies) Regulations, 2019
    • 38. Finance Act No. 4 of 2023
    • 39. Tax Laws (Amendment) Act 2024
    • 40. Tax Procedures (Amendment) Act 2024
  • ANNEX G: OFF-PLAN HOUSING DEVELOPMENTS
  • ANNEX H: IN-DEPTH ANALYSIS ON HANGING REGULATIONS
    • 1. Housing Bill, 2021
    • 2. Landlord and Tenant Bill, No. 3 of 2021
    • 3. Retirement Benefits (Mortgage Loans) (Amendments) Regulations, 2020
    • 4. Housing Scheme Fund Regulations, 2018 (Legal Notice No. 238 of 2018)
    • 5. Housing Scheme Fund Regulations, 2018 (Legal Notice No. 238 of 2018)
    • 6. National Construction Authority (Defects Liability) Regulations, 2020
    • 7. The Finance Bill, 2024
    • 8. The Valuers Bill, 2022
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LEGAL, POLICY AND INSTITUTIONAL REVIEW OF THE AFFORDABLE HOUSING SECTOR IN KENYA

This online book is a living document, prepared to review, record, and track developments in the policy, legal and institutional framework governing affordable housing in Kenya.

NextQUICK LINKS TO SEARCH FOR THE SOURCE REGULATORY DOCUMENTS

Last updated 1 month ago

Was this helpful?

The book includes summaries and evaluations of over 140 statutes, policies and regulations, and provides further access to and interpretation of 48 cases. We welcome readers to engage with the content, providing commentary, additional relevant cases, updates etc., so that this becomes a live resource for the benefit of all working in Kenya’s affordable housing sector.

For more information, and to submit your comments, please contact Beatrice Mwangi at

Last updated: March 2025

Date first released: 1 Nov 2022 Version: 1.0

Authors: Muriuki Muriungi (Partner, KMK Africa Advocates LLP), Seeta Shah (Affordable Housing Specialist, FSD Kenya) with contributions from CAHF.

Maintained & Updated by: The Centre for Affordable Housing Finance in Africa (CAHF) in partnership with KO Associates LLP.

_____________________________________________________________________________________________

Affordable housing is a key pillar of Kenya’s overall growth strategy, an explicit focus of the Ministry of Housing and Urban Development, and a key point of attention for developers, financiers and investors. While the Affordable Housing Programme has been underway for six years, its progress has been shaped by the policy, legislative and institutional framework that governs Kenya’s land, planning, construction and finance sectors.

Article 43 of the Constitution of Kenya under the Bill of Rights provides that every person has the right to accessible and adequate housing. Kenya's policy and regulatory framework seeks to give effect to these rights.

Accordingly, the State is obligated to take steps towards achieving this socio-economic right to its citizens, either directly or by encouraging delivery by the private sector to the wider market. In particular, the 2017–2022 government administration promoted the role of affordable housing within its Big Four Agenda (consisting of Affordable Housing, Manufacturing, Food Security and Affordable Health care).

While there has been some progress in delivering housing units by the Government both directly and by the private sector within this context of reforms, there have been challenges largely arising from some failures in policy, legal and institutional design. A key challenge is the length, breadth and complexity of the housing value chain.

This policy, legal and institutional review serves two central aims:

  • First, is to provide a lay of the land on the policy, legal and institutional frameworks governing housing in Kenya; and

  • second, is to assess the effectiveness of the policy, legal and institutional framework in achieving the constitutional imperative of access to decent housing, with a view to identifying gaps and opportunities for improvement.

The structure of this report is as follows: The overall housing value chain and institutional framework are described in Sections 2 and 3. Section 4 then sets out the overall policy framework, structured in terms of the housing value chain. The sections which follow provide brief summaries of the laws in respect of each value chain link and identify gaps and propose recommendations. Thereafter, annexes for each value chain link detail some of the substantive provisions of each of the laws reviewed. Recommendations in this review are highlighted in green.

This document has been developed to bring stakeholders together to engage on the most critical areas for regulatory reform in the housing value chain. The report is not prescriptive but rather a best attempt at assessing the vast library of laws, policies and regulations that apply to the housing value chain in Kenya. It is hoped that the report will serve as a baseline for further dialogue in the industry, particularly in prioritizing what regulatory reforms are most required and coming together to support these reforms.

LIST OF ABBREVIATIONS

ADP

Annual Development Plan

AHP

Affordable Housing Programme

BORAQS

Board of Registration of Architects and Quantity Surveyors

CA

Communications Authority of Kenya

CAK

Competition Authority of Kenya

CDT

Commissioner of Domestic Taxes

CECM

County Executive Committee Member

CGT

Capital Gains Tax

CGV

Chief Government Valuer

CIDP

County Integrated Development Plan

CLF

Central Liquidity Fund

CoG

Council of Governors

CPD

Continuous Professional Development

CPI

Consumer Price Index

CPLUDP

County Physical and Land Use Development Plan

CPLUPC

County Physical and Land Use Planning Consultative Forum

DGF

Deposit Guarantee Fund

DGPP

Director General of Physical Planning

e-DAMS

Electronic Development Application Management System

EBK

Engineers Board of Kenya

EIA

Environmental Impact Assessment

EPRA

Energy and Petroleum Regulatory Authority

FRC

Financial Reporting Centre

GDP

Gross Domestic Product

GIS

Geographic Information System

IPDU

Integrated Project Delivery Unit

JV

Joint Venture

KenInvest

Kenya Investment Authority

KENSUP

Kenya Slum Upgrading Programme

KISIP

Kenya Informal Settlements Improvement Programme

KFS

Kenya Forest Service

KMRC

Kenya Mortgage Refinance Company

KNBS

Kenya National Bureau of Statistics

KRA

Kenya Revenue Authority

KRB

Kenya Roads Board

LPLUDP

Local Physical and Land Use Development Plan

LSK

Law Society of Kenya

MLoPP

Ministry of Lands and Physical Planning (under previous regime, changed in October 2022 to Ministry of Lands, Public Works, Housing and Urban Development)

MTIHUDPW

Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works (under previous regime, changed in October 2022 to Ministry of Roads and Transport)

NCA

National Construction Authority

NEAP

National Environmental Action Plan

NEMA

National Environment Management Authority

NHC

National Housing Corporation

NHDF

National Housing Development Fund

NIFCA

Nairobi International Financial Centre Authority

NLIMS

National Land Information Management System

NPLUDP

National Physical and Land Use Development Plan

PDP

Physical Development Plan

PPPS

Public-Private Partnerships

REITS

Real Estate Investment Trusts

RIT

Rental Income Tax

SACCO

Savings and Credit Cooperative Society

SASRA

SACCO Societies Regulatory Authority

SDHUD

State Department of Housing and Urban Development

SDPW

State Department of Public Works

SPVs

Special Purpose Vehicles

SEA

Strategic Environmental Assessment

UFAA

Unclaimed Financial Assets Authority

UFATF

Unclaimed Financial Assets Trust Fund

VAT

Value Added Tax

WMC

Waste Management Council

beatrice@housingfinanceafrica.org
This book was prepared with funding from
FSD Kenya