Land As Security For Lending In Kenya: A Review Of The Policy Legal And Institutional Framewo

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.