Real Estate Dispute Resolution in Kenya

There is always a probability of occurrence of disagreement in the processes of acquisition, registration, administration, development, use, management, and disposal of real estate. The possibility that the rights of parties could be infringed or perceived to be infringed may have varied causes at each of the stages. The results of such disputes could undermine the objectives of the owners, users, developers, managers and other stakeholders in the real estate industry. Disputes put at risk the requirements for peaceful enjoyment and security of property rights. They present threats to the value of investments in real estate and escalate the costs of development. It is important that parties and stakeholders in the real estate industry understand the mechanisms and strategies for preventing and or resolving disputes to avert these adverse onsequences. The appropriate choice and implementation of methods that are effective, efficient, just or equitable and affordable is necessary to maintain stability in the industry. The protection of relationships between the players is useful in building confidence in the markets. Despite the general methods and approaches to dispute resolution being appreciated by professionals, the application and effectiveness in practice differs. Property being subject to National laws, regulations and policies presents diversity in suitability and permissibility for different mechanisms. The social cultural contexts present challenges that affect the acceptance and enforcement of results of the various dispute resolution mechanisms. It is the objective of this paper to review the real estate dispute resolution mechanisms in Kenya.