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MWATHANE: With little land, high population, vertical housing is sure way to go

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By IBRAHIM MWATHANE
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Africa is gradually appreciating that though comparatively well-endowed with much unutilised or underutilised land, rapid population increase and horizontal developments may be its bane in future.

Consequently, individual nations have been responding to the challenge by adopting vertical developments with commensurate changes to their policies and laws.

But how will purchasers obtain and secure individual titles to their units in such high-rise residential or commercial blocks, yet the units share a common base?

Indeed, high-rise or multilevel developments can be divided into several units that can be separately owned, with the common areas collectively owned.

Different jurisdictions carry different names for this concept where people can own separate units but have collective use and ownership of the common areas. In the United States and Canada, they are referred to as condominiums.

Australia and New Zealand call them strata development and the associated titles are referred to as strata titles. Sectional property development and sectional titles are the terms used in South Africa and here in Kenya.

So how has Kenya harnessed this concept of vertical development to respond to its housing problem, given its rapidly growing population, which is dependent on our finite stock of land?

Kenya adopted its legal framework for the registration and management of high-rise buildings from Canada’s.

Since 1987, we have had a Sectional Properties Act, now under review to harmonise with the new land laws. This Act provides for the division of buildings into units to be owned by individual proprietors and for the common property to be owned collectively.

Under the Act, a corporation that enjoys perpetual succession manages the common property. Initially, the sectional units were registered under the repealed Registered Land Act.

This is currently done under the Land Registration Act. The resultant titles are backed by accurate surveys and can be easily transferred, charged or mortgaged just like any other title.

Any disputes relating to sizes and relative positions of boundaries to the units can be resolved as prescribed under the Land Registration Act.

But Kenya’s uptake of sectional properties has been deplorably slow. It’s perhaps one of our worst lessons.

When some colleagues and I did some study 10 years after commencement of our Sectional Properties law, just about eight thousand units, most of them in Nairobi, had been registered.

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But at the time, the main reason for the poor uptake of our sectional property law was circumvention of its use through the Registration of Documents Act. It still is.

The Registration of Documents Act provides for the registration of documents.

Under the Act, simple sketches or architect’s plans are submitted and registered provided that they are numbered to help identify each unit in a block.

Sub-leases are then registered but for a term slightly less than that of the head lease. They terminate just before expiry of the head lease, with all interests reverting to the lessor.

The sub-leases can of course be re-drawn once the lease term is extended. The common areas are managed through some arrangement, usually a registered company.

This arrangement confers a bundle of rights which is far more inferior to what’s conferred through the Sectional Properties Act.

One, there’s a presumption that the head-lease remains unencumbered all through the life of the sub-leases and that the lessor regularly meets his lease obligations so as not to endanger the sub-lessees.

There’s a presumption too that the management company to the common areas runs well and is never deregistered during the life of the sub-leases.

These presumptions could collapse. And because the plans used to register the individual units are merely sketches not backed by a survey regulated under the Survey Act, disagreements cannot be resolved under our registration law.

So again, a key presumption here is that owners under such arrangements never suffer major boundary disputes.

So then what drives developers and purchasers to take these risks? For many buyers, there’s lack of knowledge ab initio.

Most have just found themselves under such arrangements because they found some flats they liked, and thereafter submitted to the applicable registration process.

They finally are provided with a set of ownership documents and bingo, life moves on. Developers who know the difference have complained of great delays whenever they attempt to register their units under Sectional Properties law.

Sadly, they are right. There are lots of institutional hiccups that frustrate developers with approvals at the county level, then Survey of Kenya and finally the Land Registry.

This is a matter that needs executive attention so that purchasers can obtain good ownership documents as is intended under the Sectional Properties Act.

Then the country can optimise on vertical development.



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Public officers above 58 years and with pre-existing conditions told to work from home: The Standard

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Head of Public Service Joseph Kinyua. [File, Standard]
In a document from Head of Public Service, Joseph Kinyua new measure have been outlined to curb the bulging spread of covid-19. Public officers with underlying health conditions and those who are over 58 years -a group that experts have classified as most vulnerable to the virus will be required to execute their duties from home.

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However, the new rule excluded personnel in the security sector and other critical and essential services.
“All State and public officers with pre-existing medical conditions and/or aged 58 years and above serving in CSG5 (job group ‘S’) and below or their equivalents should forthwith work from home,” read the document,” read the document.
To ensure that those working from home deliver, the Public Service directs that there be clear assignments and targets tasked for the period designated and a clear reporting line to monitor and review work done.
SEE ALSO: Thinking inside the cardboard box for post-lockdown work stations
Others measures outlined in the document include the provision of personal protective equipment to staff, provision of sanitizers and access to washing facilities fitted with soap and water, temperature checks for all staff and clients entering public offices regular fumigation of office premises and vehicles and minimizing of visitors except by prior appointments.
Officers who contract the virus and come back to work after quarantine or isolation period will be required to follow specific directives such as obtaining clearance from the isolation facility certified by the designated persons indicating that the public officer is free and safe from Covid-19. The officer will also be required to stay away from duty station for a period of seven days after the date of medical certification.
“The period a public officer spends in quarantine or isolation due to Covid-19, shall be treated as sick leave and shall be subject to the Provisions of the Human Resource Policy and procedures Manual for the Public Service(May,2016),” read the document.
The service has also made discrimination and stigmatization an offence and has guaranteed those affected with the virus to receive adequate access to mental health and psychosocial supported offered by the government.
The new directives targeting the Public Services come at a time when Kenyans have increasingly shown lack of strict observance of the issued guidelines even as the number of positive Covid-19 cases skyrocket to 13,771 and leaving 238 dead as of today.
SEE ALSO: Working from home could be blessing in disguise for persons with disabilities
Principal Secretaries/ Accounting Officers will be personally responsible for effective enforcement and compliance of the current guidelines and any future directives issued to mitigate the spread of Covid-19.

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Uhuru convenes summit to review rising Covid-19 cases: The Standard

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President Uhuru Kenyatta (pictured) will on Friday, July 24, meet governors following the ballooning Covid-19 infections in recent days.
The session will among other things review the efficacy of the containment measures in place and review the impact of the phased easing of the restrictions, State House said in a statement.
This story is being updated.
SEE ALSO: Sakaja resigns from Covid-19 Senate committee, in court tomorrow

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Drastic life changes affecting mental health

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Kenya has been ranked 6th among African countries with the highest cases of depression, this has triggered anxiety by the World Health Organization (WHO), with 1.9 million people suffering from a form of mental conditions such as depression, substance abuse.

KBC Radio_KICD Timetable

Globally, one in four people is affected by mental or neurological disorders at some point in their lives, this is according to the WHO.

Currently, around 450 million people suffer from such conditions, placing mental disorders among the leading causes of ill-health and disability worldwide.

The pandemic has also been known to cause significant distress, mostly affecting the state of one’s mental well-being.

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With the spread of the COVID-19 pandemic attributed to the novel Coronavirus disease, millions have been affected globally with over 14 million infections and half a million deaths as to date. This has brought about uncertainty coupled with difficult situations, including job loss and the risk of contracting the deadly virus.

In Kenya the first Coronavirus case was reported in Nairobi by the Ministry of Health on the 12th March 2020.  It was not until the government put in place precautionary measures including a curfew and lockdown (the latter having being lifted) due to an increase in the number of infections that people began feeling its effect both economically and socially.

A study by Dr. Habil Otanga,  a Lecturer at the University of Nairobi, Department of Psychology says  that such measures can in turn lead to surge in mental related illnesses including depression, feelings of confusion, anger and fear, and even substance abuse. It also brings with it a sense of boredom, loneliness, anger, isolation and frustration. In the post-quarantine/isolation period, loss of employment due to the depressed economy and the stigma around the disease are also likely to lead to mental health problems.

The Kenya National Bureau of Statistics (KNBS) states that at least 300,000 Kenyans have lost their jobs due to the Coronavirus pandemic between the period of January and March this year.

KNBC noted that the number of employed Kenyans plunged to 17.8 million as of March from 18.1 million people as compared to last year in December. The Report states that the unemployment rate in Kenya stands at 13.7 per cent as of March this year while it stood 12.4 per cent in December 2019.

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Mama T (not her real name) is among millions of Kenyans who have been affected by containment measures put in place to curb the spread of the virus, either by losing their source of income or having to work under tough guidelines put in place by the MOH.

As young mother and an event organizer, she has found it hard to explain to her children why they cannot go to school or socialize freely with their peers as before.

“Sometimes it gets difficult as they do not understand what is happening due to their age, this at times becomes hard on me as they often think I am punishing them,”

Her contract was put on hold as no event or public gatherings can take place due to the pandemic. This has brought other challenges along with it, as she has to find means of fending for her family expenditures that including rent and food.

“I often wake up in the middle of the night with worries about my next move as the pandemic does not exhibit any signs of easing up,” she says. She adds that she has been forced to sort for manual jobs to keep her family afloat.

Ms. Mary Wahome, a Counseling Psychologist and Programs Director at ‘The Reason to Hope,’ in Karen, Nairobi says that such kind of drastic life changes have an adverse effect on one’s mental status including their family members and if not addressed early can lead to depression among other issues.

“We have had cases of people indulging in substance abuse to deal with the uncertainty and stress brought about by the pandemic, this in turn leads to dependence and also domestic abuse,”

Sam Njoroge , a waiter at a local hotel in Kiambu, has found himself indulging in substance abuse due to challenges he is facing after the hotel he was working in was closed down as it has not yet met the standards required by the MOH to open.

“My day starts at 6am where I go to a local pub, here I can get a drink for as little as Sh30, It makes me suppress the frustration I feel.” he says.

Sam is among the many who have found themselves in the same predicament and resulted to substance abuse finding ways to beat strict measures put in place by the government on the sale of alcohol so as to cope.

Mary says, situations like Sam’s are dangerous and if not addressed early can lead to serious complications, including addiction and dependency, violent behavior and also early death due to health complications.

She has, however, lauded the government for encouraging mental wellness and also launching the Psychological First Aid (PFA) guide in the wake of the virus putting emphasis on the three action principal of look, listen and link. “When we follow this it will be easy to identify an individual in distress and also offer assistance”.

Mary has urged anyone feeling the weight of the virus taking a toll on them not to hesitate but look for someone to talk to.

“You should not only seek help from a specialist but also talk to a friend, let them know what you are undergoing and how you feel, this will help ease their emotional stress and also find ways of dealing with the situation they are facing,” She added

Mary continued to stress on the need to perform frequent body exercises as a form of stress relief, reading and also taking advantage of this unfortunate COVID-19 period to engage in hobbies and talent development.

“Let people take this as an opportunity to kip fit, get in touch with one’s inner self and  also engage in   reading that would  help expand their knowledge.

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