# ANNEX F: LAWS GOVERNING FINANCING / RENTAL / TAXATION - [1. Retirement Benefits Act, No. 3 of 1997](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/1.-retirement-benefits-act-no.-3-of-1997.md): This Act provides for regulation, registration and supervision of retirement benefit schemes including pension schemes that are key for housing financing from both the supplier and demand side. - [2. Building Societies Act, 1956 (Cap 489)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/2.-building-societies-act-1956-cap-489.md): The Act provides for establishment of building societies which provide loans or credit to borrowers for development of housing. - [3. Banking Act, 1989 (Cap 488)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/3.-banking-act-1989-cap-488.md): This law regulates the practice of commercial banks which provide financing on both the supply and demand side of housing finance. - [4. Capital Markets (Real Estate Investment Trusts) (Collective Investment Schemes) Regulations, 2013](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/4.-capital-markets-real-estate-investment-trusts-collective-investment-schemes-regulations-2013.md): These Regulations provide for establishment and registration of Real Estate Investment Trusts (REITs) which are an innovative way of supply side financing of housing. - [5. Central Bank of Kenya Act 1966 (Cap 491)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/5.-central-bank-of-kenya-act-1966-cap-491.md): This law provides for the functioning and operation of the Central Bank of Kenya, part of which includes regulation of commercial banks and mortgage refinance companies that fund housing development. - [6. Estate Agents Act, 1984 (Cap 533)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/6.-estate-agents-act-1984-cap-533.md): This Act provides for registration of estate agents who negotiate and act on behalf of buyers, sellers, landlords or tenants and also provide for regulation of estate agents as professionals. - [7. Sacco Societies Act, No. 14 of 2008](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/7.-sacco-societies-act-no.-14-of-2008.md): This law provides for licensing, regulation, supervision and promotion of SACCO societies and for establishment of SACCOs. - [8. Sacco Societies (Deposit-Taking Sacco Business) Regulations 2010](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/8.-sacco-societies-deposit-taking-sacco-business-regulations-2010.md): These Regulations provide for minimum operational regulations and prudential guidelines that are required of deposit-taking SACCOs. - [9. Sacco Societies (Non-Deposit Taking Business) Regulations 2020](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/9.-sacco-societies-non-deposit-taking-business-regulations-2020.md): The Regulations seek to regulate non-deposit taking SACCOs given the risks to the members of the public and the wider financial system. - [10. Sacco Societies (Amendment) Act, 2022](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/10.-sacco-societies-amendment-act-2022.md): The Act seeks to amend the Sacco Societies Act 2008 to improve the governance of SACCOs which form a critical part of financing for prospective home buyers. - [11. Sacco Societies (Specified Non-Deposit Taking Business) (Levy) Order, 2023](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/11.-sacco-societies-specified-non-deposit-taking-business-levy-order-2023.md): The Order prescribes the annual levy charged on non-deposit-taking SACCO societies, which levy is used to finance the operations of the regulator (SASRA). - [12. Cooperative Societies Act, No. 12 of 1997](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/12.-cooperative-societies-act-no.-12-of-1997.md): The law provides for registration of Cooperative societies, which are then later licensed as SACCOs and which provide part of loan financing for housing. - [13. Employment Act, No. 11 of 2007](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/13.-employment-act-no.-11-of-2007.md): The purpose of the statute is to regulate relations between employers and employees and provide for rights and responsibilities of both parties. - [14. Guarantee (House Purchase) Act, 1967 (Cap 462)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/14.-guarantee-house-purchase-act-1967-cap-462.md): This law provides for government guarantees of excess advances by building societies to citizens. - [15. Civil Servants (Housing Scheme Fund) Regulations, 2004](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/15.-civil-servants-housing-scheme-fund-regulations-2004.md): The Regulations establish and provide for operationalization of the Civil Servant Housing Scheme Fund to provide loans to civil servants for building or buying residential houses. - [16. Housing Scheme Fund Regulations, 2018 (Legal Notice No. 238 of 2018)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/16.-housing-scheme-fund-regulations-2018-legal-notice-no.-238-of-2018.md): The Regulations sought to provide for a Housing Fund whereby employers and employees would contribute to deal with the demand side of the housing market. The Regulations were quashed by courts. - [17. Income Tax Act (Cap 470)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/17.-income-tax-act-cap-470.md): The law provides for assessing, charging and collecting income tax, the income to be charged and the administrative and enforcement provisions of tax collection. - [18. Finance Act, No. 22 of 2022](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/18.-finance-act-no.-22-of-2022.md): The law was the Finance Act 2022 which spelt out the taxation measures/proposals for the financial year 2022-2023. - [19. Public Finance Management Act, No. 18 of 2012](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/19.-public-finance-management-act-no.-18-of-2012.md): The statute provides for effective management of public finances by national and county governments; and oversight responsibility of Parliament and county assemblies. - [20. Unclaimed Financial Assets Act, No. 40 of 2011](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/20.-unclaimed-financial-assets-act-no.-40-of-2011.md): This statute provides for reporting and dealing with unclaimed financial assets; to establish the Unclaimed Financial Assets Authority (UFAA) and the Unclaimed Financial Assets Trust Fund (UFATF) - [21. Proceeds of Crime and Anti-Money Laundering Act, No. 9 of 2009](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/21.-proceeds-of-crime-and-anti-money-laundering-act-no.-9-of-2009.md): Act provides for the offence of money laundering and introduces measures for combating the offence; and provides for the identification, tracing, and confiscation of the proceeds of crime. - [22. Kenya Deposit Insurance Act, No. 10 of 2012](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/22.-kenya-deposit-insurance-act-no.-10-of-2012.md): The law provides for the establishment of a deposit insurance system, receivership and liquidation of deposit taking institutions and establishment of the Kenya Deposit Insurance Corporation. - [23. Mortgages (Special Provisions) Act, 1968 (Cap 304)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/23.-mortgages-special-provisions-act-1968-cap-304.md): This law enables mortgage finance companies to obtain possession more easily of property in respect of which they are able as mortgagees to exercise their power of sale or appoint receivers. - [24. Auctioneers Act No. 5 of 1996](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/24.-auctioneers-act-no.-5-of-1996.md): The law provides for the practice of auctioneering. - [25. Auctioneers Practice Rules 2009](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/25.-auctioneers-practice-rules-2009.md): The Rules provide for the practice of auctioneering includes rules of conduct, fees charged and continuous development education. - [26. Auctioneer Rules, 1997](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/26.-auctioneer-rules-1997.md): The Rules provide for licensing and identification of auctioneers, attachment and sale of properties during auctions and the general conduct of auctions. - [27. Rent Restriction Act, 1959 (Cap 296)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/27.-rent-restriction-act-1959-cap-296.md): The law provides for restrictions on rent increases for residential premises whose monthly rent is below Ksh 2500. - [28. Stamp Duty Act, 1958 (Cap 480)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/28.-stamp-duty-act-1958-cap-480.md): The Act provides for the charging, assessment and collection of income tax; for ascertainment of income to be charged and provides for administrative and general provisions. - [29. Stamp Duty (Valuation of Immovable Property) Regulations 2020](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/29.-stamp-duty-valuation-of-immovable-property-regulations-2020.md): The Regulations provide for valuation of immovable property by private valuers appointed by the Chief Government Valuer pursuant to section 10A of the Stamp Duty Act. - [30. Value Added Tax Act, No. 35 of 2013](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/30.-value-added-tax-act-no.-35-of-2013.md): The purpose of this Act is to review and update the law relating to value added tax; to provide for the imposition of value added tax on supplies made in or imported into Kenya. - [31. Public Private Partnerships Act, No. 14 of 2021](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/31.-public-private-partnerships-act-no.-14-of-2021.md): The law provides for the participation of the private sector in the financing, construction, development, operation or maintenance of infrastructure that would have to be done by government. - [32. County Governments Act, No. 17 of 2012](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/32.-county-governments-act-no.-17-of-2012.md): The Act provides for county governments' powers, functions and responsibilities to deliver services while Part XI of the Act provides for county planning. - [Valuation for Rating Act, 1956 (Cap 266)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/valuation-for-rating-act-1956-cap-266.md): The law empowers county governments to conduct land valuation for purposes of levying property rates or property taxes. - [Rating Act, 1963 (Cap 267)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/rating-act-1963-cap-267.md): The Act provides for imposition of rates on land and buildings in Kenya. - [33. National Rating Act, 2024](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/33.-national-rating-act-2024.md): The Act provides a comprehensive framework for imposition of rates on land and buildings by county governments; for valuation of rateable property and for appointment and powers of valuers. - [34. Distress for Rent Act, 1938 (Cap 293)](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/34.-distress-for-rent-act-1938-cap-293.md): The Act provides for distress of a tenant for unpaid rent which entitles a landlord to enter their tenanted property and seize goods found at the property until the rent due is paid. - [35. Landlord and Tenant Bill, No. 3 of 2021](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/35.-landlord-and-tenant-bill-no.-3-of-2021.md): The Bill consolidates the laws relating to the renting of business and residential premises and seeks to regulate the relationship between landlords and tenants. - [36. The Cooperatives Bill, 2024](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/36.-the-cooperatives-bill-2024.md): This Bill seeks to provide a legal framework for the promotion, registration and regulation of Cooperatives in the country and give effect to Article 186 and the Fourth Schedule to the Constitution. - [37. The Central Bank of Kenya (Mortgage Refinance Companies) Regulations, 2019](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/37.-the-central-bank-of-kenya-mortgage-refinance-companies-regulations-2019.md) - [38. Finance Act No. 4 of 2023](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/38.-finance-act-no.-4-of-2023.md): The Finance Act 2023 provides for the taxation measures for the financial year 2023-2024. - [The Finance Bill, 2024](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/the-finance-bill-2024.md): A bill for AN ACT of Parliament to amend the law relating to various taxes and duties; and for matters incidental thereto for the financial year 2024-2025. - [39. Tax Laws (Amendment) Act 2024](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/39.-tax-laws-amendment-act-2024.md): This Act was enacted on 11 December 2024 following the assent of the Tax Laws (Amendment) Bill 2024 by the President of Kenya. It became effective from 27th December 2024. - [40. Tax Procedures (Amendment) Act 2024](https://cahf.gitbook.io/kenya-legal-policy-and-institutional-review/annex-f-laws-governing-financing-rental-taxation/40.-tax-procedures-amendment-act-2024.md) --- # Agent Instructions: Querying This Documentation If you need additional information that is not directly available in this page, you can query the documentation dynamically by asking a question. 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