The litigation steps and procedures in Kenya typically involve the following:

1. Consultation: Seek legal advice from a lawyer to understand your rights, obligations, and prospects for success.

2. Pre-litigation negotiation: Attempt to resolve the dispute through negotiations or alternative dispute resolution methods like mediation or arbitration.

3. Filing the case: If negotiations fail, prepare and file a lawsuit in the appropriate court, providing details of the dispute and the relief sought.

4. Service of documents: Serve a copy of the lawsuit on the opposing party, ensuring proper legal notice is given.

5. Response: The opposing party files a response, addressing the allegations and presenting their defense.

6. Case management conference: Attend court-mandated conferences to discuss case issues, set timelines, and explore opportunities for settlement.

7. Discovery: Exchange relevant information and evidence with the opposing party through methods such as interrogatories, requests for documents, and depositions.

8. Pre-trial conference: Meet with the court to discuss case readiness, identify areas of agreement or dispute, and possibly explore settlement options.

9. Trial: Present your case in court, including witnesses, evidence, and legal arguments. The opposing party does the same.

10. Judgment: The court delivers a decision based on the evidence and arguments presented.

11. Appeals: If dissatisfied with the judgment, either party can file an appeal with a higher court.

12. Enforcement: If successful, take steps to enforce the court’s judgment, such as obtaining a writ of execution for monetary awards or seeking specific performance for non-monetary remedies.

Note that the specific steps and procedures may vary depending on the nature and complexity of the real estate dispute and the court involved. Consulting with a lawyer experienced in Kenyan real estate litigation is crucial for accurate guidance.

In Kenya, a commercial lease and a license are two different legal arrangements for granting rights to use or occupy property. The main differences between a commercial lease and a license are as follows:

1. Nature of Rights Granted: A commercial lease grants an exclusive possessory interest in the property, giving the tenant a legal right to occupy and use the premises. In contrast, a license grants permission or a non-exclusive right to use the property without conferring exclusive possession.

2. Legal Status: A commercial lease creates a landlord-tenant relationship, governed by the provisions of the Landlord and Tenant Act. This means the tenant has statutory protections and rights. A license, on the other hand, is a contractual agreement between the licensor (property owner) and the licensee (user), and it does not provide the same level of statutory protections as a lease.

3. Transferability: A commercial lease is typically assignable and transferable with the landlord’s consent, allowing the tenant to transfer their leasehold interest to another party. In contrast, a license is generally not transferable unless specifically allowed by the license agreement.

4. Duration: A commercial lease commonly has a fixed term, often several years, with provisions for renewal or termination. A license, on the other hand, is usually for a shorter period and can be revocable, terminable at will, or subject to specific conditions outlined in the license agreement.

5. Legal Formalities: A commercial lease requires certain formalities, such as written documentation, registration, and compliance with legal requirements. Licenses, on the other hand, may be oral or written and generally do not require registration.

It’s important to note that the specific terms and conditions can vary depending on the agreement between the parties involved. It is advisable to seek legal advice and carefully review the terms of any commercial lease or license before entering into such arrangements in Kenya.

1. Engage a lawyer: Consult with a reputable real estate lawyer who is familiar with Kenyan property laws and regulations. They can guide you through the entire process and help protect your interests.

2. Conduct due diligence: Undertake thorough due diligence to verify the ownership, title, and status of the property. This includes checking the title deed, conducting a land search at the relevant land registry, and obtaining the cadastral maps.

3. Obtain a land survey: Engage a licensed surveyor to conduct a survey of the property to ascertain its boundaries, size, and any encumbrances.

4. Obtain an official search: Request an official search at the relevant land registry to confirm that there are no existing encumbrances, such as mortgages, caveats, or other claims on the property.

5. Confirm zoning and land use regulations: Check the zoning regulations and land use restrictions in the area to ensure that the property is suitable for your intended purposes.

6. Conduct physical inspections: Visit the property and conduct physical inspections to assess its condition, accessibility, and suitability for your needs.

7. Engage professionals: Consider involving other professionals, such as architects, engineers, or valuers, to assess the property’s structural integrity, value, and potential development opportunities.

8. Review contracts and agreements: Carefully review all contracts and agreements related to the purchase, including the sale agreement, transfer documents, and any other relevant contracts, ensuring that the terms and conditions are favorable and protect your interests.

9. Secure financing: If you require financing for the purchase, arrange for mortgage or loan approval from a reputable financial institution.

10. Obtain consent and permits: Determine if any approvals or permits are required for the intended use or development of the property, such as construction permits, change of use approvals, or environmental impact assessments.

11. Finalize the purchase: Once you are satisfied with the due diligence, contract terms, and financing, proceed to finalize the purchase by signing the necessary documents, paying the agreed purchase price, and completing the registration process at the relevant land registry.

Remember, the steps and requirements may vary depending on the specific circumstances, location, and type of property. Engaging professionals and seeking legal advice throughout the process is crucial to ensure a smooth and legally compliant property transaction in Kenya.