ADVOKS GLOBAL · KENYA
Estate Agents Act
2. Interpretation
Edition: 2025-06-20 · In force
2. Interpretation
(1)In this Act, unless the context otherwise requires—"Board" means the Estate Agents Registration Board established by section 3;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to Land;"practice as an estate agent" means the doing, in connection with the selling, mortgaging, charging, letting or management of immovable property or of any house, shop or other building forming part thereof, of any of the following acts—(a)bringing together, or taking steps to bring together, a prospective vendor, lessor or lender and a prospective purchaser, lessee or borrower; or(b)negotiating the terms of sale, mortgage, charge or letting as an intermediary between or on behalf of either of the principals;"register" means the register kept under section 7;"registrar" means the registrar of the Board appointed under section 6;“terrorism financing” has the meaning assigned to it under the Prevention of Terrorism Act (Cap. 59B).(2)For the purposes of this Act, a person shall be treated as being a practising estate agent if he or a partnership of which he is a member—(a)receives payment for acts done by way of practice as an estate agent by him, or by a partner of his, or by an employee of his or of the partnership or by any person acting on his behalf; or(b)holds himself or itself out as being prepared, in return for payment, to undertake the doing by any such person of acts by way of practice as an estate agent:Provided that in this subsection "payment" shall not include payment limited to the reimbursement of expenses or payment of salary by an employer to an employee.(3)Nothing in this Act shall extend to the doing of any acts which would constitute practice as an estate agent—(a)by a corporation which is incorporated directly by an Act of Parliament;(c)by an advocate in the course of his practice;(d)by a newspaper, magazine or other periodic publication in the course of so much of its business as relates to the publishing of advertisements on behalf of others;(e)by the owner of a right or interest in an immovable property in relation to that immovable property; or(f)by a licensed auctioneer selling immovable property or any interest therein by auction.(4)In subsection (3)(f), the expression "licensed auctioneer" has the meaning assigned to it in section 2 of the Auctioneers Act (Cap. 526).