Land as security for lending in Kenya: A review of the Policy Legal and Institutional Framework.
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Date
2012-06
Authors
Journal Title
Journal ISSN
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Publisher
Kampala International University, School of law.
Abstract
This study undertook to identify the policy, legal and institutional framework in regard to
land securitization in Kenya.
The main objective of the study is to determine the policy framework with a view to test
the efficacy of the same in so far as it affects the use of land as security for lending in
Kenya, to identify institutional challenges that affects the use of land as security for
lending, identify the legal impediments that hinders he efficacy of land securitization,
explore the various policy legal ancl institutional reforms that would ensure perfection of
land securitization.
The study helps in understanding land securitization transaction that is transaction in
mortgage and charges to be basically borrowing transaction and that it is of great
importance that a person should be able to freely and easily raise money on security of
his/her property. The method used in the study is mainly library based though
consultations were made to other methods.
According to the research finding there are various challenges facing lenders when they
take land as security for lending. The challenges have been attributed to weak legislative
framework and ineffective institution framework on land securitization. To solve the
problem there is need to harmonize the statute that regulate land securitization transaction,
There is an urgent need to speed up the wheels of justice by employing more judicial
officers and there is also a need to computerize the land registry to reduce cases of
corruption and missing files at the land registry by doing so this will enhance the efficacy,
transparency and accountability of all transaction in land
Description
A research submitted to the Faculty of Law in Partial
Fulfillment of the Requirements for the Degree of
Bachelor of Laws of Kampala International
University.
Keywords
Institutional Framework, Land, Security, lending, Kenya