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You can sell your land at a loss in Kenya, and KRA will still tax you.
Many people assume that,
- If I sell my property at a loss, there is no capital gains tax to pay.
But that is not always true.
Example.
- Say you bought land for 10M.
- Years later, you fall into an urgent financial problem.
- You try to sell it for 12M, no willing buyer.
- You then try 10M just to recover your initial investment. No buyer shows up.
- Your brother or cousin comes to your rescue. But he is broke. You agree to sell it to him for 6M. After all, blood is thicker than water you say.
Plus your grandfather always encouraged you to sell land amongst yourselves.
You conclude.
- I made a loss of 4M. (10M minus 6M).
- So there is no tax story here.
But you are wrong.
Once KRA suspects the buyer is related to you. It puts on its glasses.
Then it sends its meanest looking valuer to the ground.
To answer one question only:
- What is the value of that land on the open market?
If the valuer returns & says the land is worth 12M,
KRA concludes that the price was deliberately lowered because you are related.
Meaning,
- KRA ignores the 6M sale price.
- They use 12M as the selling value.
- They calculate your gain as 2M (12M − 10M).
So your tax due becomes:
- (12M − 10M) × 15% = 300,000.
Even though you actually received only 6M from the sale.
But had you sold the same land to an unrelated buyer for 6M, you would pay zero Capital Gains Tax.
The problem is not the price. The problem is who you sell to.
The drafters of the Income tax Act viewed low priced brotherly deals as collusion to evade tax.
This is one of the stealthiest tax traps I have seen.
Have you been a victim of this trap?
Tukianza kudate sahi by 2030 I’ll propose in Rwanda during the Grand Prix in front of the Redbull racing garage, accepting applications henceforth 🥹👉🏽👈🏽
🚨 Court holds that a spouse's consent to charging the family home is triggered by living in it, not by marriage alone. A proven customary wife lost because she never lived there.
This is Elyjoy Kageni versus Bank of Africa (K) Limited and 3 others.
In 2012, Bank of Africa lent KShs 20.6 million to a company, secured by a charge over land in Chuka owned by one of its directors, Humphrey Mbaka. He and his co-director presented themselves as husband and wife living on the property, and she signed an express spousal consent to the charge. When the loan defaulted and the bank moved to sell, Elyjoy Kageni came forward, claiming to be Mr Mbaka's first wife under Meru customary law and arguing that the charge was void because her consent had never been obtained, as section 79(3) of the Land Act requires.
The first question was whether she was a wife at all. The trial court had said no, reasoning that bearing a man's child does not make a woman his wife. The Court of Appeal disagreed. Guided by the presumption of marriage in VRM v MRM, and relying chiefly on the uncontroverted evidence of Mr Mbaka's own father, who acknowledged both women as his son's wives, the Court held that she had proved a Meru customary marriage. She was indeed a wife.
Yet she still lost, and the reason lies in the exact words of the statute. Section 79(3) protects a charge over a matrimonial home only where it is executed by the chargor and any spouse of the chargor who is living in that matrimonial home. The Court treated living in as the operative phrase. The appellant had never lived on the suit land, where her son lived with his father and the co-director. Her consent was therefore not required. Marital status alone does not trigger the consent requirement. Residence does.
The Court also addressed what a lender must do. The bank obtained consent from the spouse who lived there and presented as wife, and it served the statutory notices as the law requires, including a notice affixed on the property for others entitled to use the land. The appellant was unknown to the bank, and Mr Mbaka never disclosed her. To expect the bank to have discovered her, the Court said, would be unreasonable and unjust. A chargee owes diligence, not clairvoyance.
On one side is the protection of spouses and the family home. Spousal consent laws exist so that a home cannot be charged behind a spouse's back, and that protection matters most for spouses in customary or polygamous unions who may be invisible on paper. A recognised wife lost a home charged without her knowledge, which looks like the very harm the law was meant to prevent.
On the other side is the security of lending. If a bank had to trace every possible undisclosed, non-resident customary spouse before lending, secured credit would seize up. A residence test is one a lender can actually verify, and it places the risk of concealment on the family that concealed it, not on an innocent lender that did its diligence.
Key takeaway: Under section 79(3), the consent that protects a matrimonial home attaches to the spouse living in it, not to marital status in the abstract, so a proven customary or polygamous marriage will not by itself defeat a charge where that spouse never lived on the land. But the ruling is narrow. The Court did not decide whether one consent suffices where several spouses share the home, where its own reasoning points to each resident spouse consenting, and a lender who already knows of another spouse cannot rely on ignorance.
👉 Follow @Lexken_EMSLaw for practical legal insights on land, matrimonial property and spousal consent
Sometime the law is unfair. You divorce your wife but fail to extract the Decree Absolute. You pass on and your wife joins your succession case and revokes the grants issued claiming her interest as a beneficiary. Family law is tough my guys🤣🤣
@abdulnassir21@taliisraeltali
This camera transition during the F1 race was super cool. It looks like they are using AI to sync two cameras — one in the pits and another on top of the car. You can see it when the footage speeds up at the very end.
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🧘 How to manage stress
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What more would you add?
Marriages survived because men had the heart to endure women.
It lasted for generations because of MEN. Because of our emotional intelligence and our compassion for our wives.
Not because women were good partners. Because men learned to overlook a lot of stupid shit women do just to let peace reign.
Let's be real, women are NOT easy to live with.
They are not romantic. Their whole idea of romance is RECEIVING. What he bought for me, where he took me, what he did for me. Never what they give.
They are not funny. They are overly sensitive, they hate accountability, they hate saying sorry, they hate initiating sex with their own husbands, and they are controlling as hell. Stubborn and rebellious.
And that domestic violence you hear about in marriages? Most of it is STARTED by the wife. Pushing, slapping, throwing things, talking reckless, provoking until the man reacts. Then she wants to play victim.
Look at any relationship that doesn't have a man in it,it doesn't work.
Lesbians? Highest divorce rate. Highest abuse rate. Because there is no man there to tolerate their violence and their emotions. Two women together can't handle each other.
Female friendships? Even worse. Pure gossip, backbiting, jealousy, cutting each other off over the most childish things.
They will have 10 female friends by 2022. By 2026, only 2 are left. She has fought with ALL of them. Every single one is now an enemy.
But men are the problem.
Marriages survived because men had the heart to endure women.
It lasted for generations because of MEN. Because of our emotional intelligence and our compassion for our wives.
Not because women were good partners. Because men learned to overlook a lot of stupid shit women do just to let peace reign.
Let's be real, women are NOT easy to live with.
They are not romantic. Their whole idea of romance is RECEIVING. What he bought for me, where he took me, what he did for me. Never what they give.
They are not funny. They are overly sensitive, they hate accountability, they hate saying sorry, they hate initiating sex with their own husbands, and they are controlling as hell. Stubborn and rebellious.
And that domestic violence you hear about in marriages? Most of it is STARTED by the wife. Pushing, slapping, throwing things, talking reckless, provoking until the man reacts. Then she wants to play victim.
Look at any relationship that doesn't have a man in it,it doesn't work.
Lesbians? Highest divorce rate. Highest abuse rate. Because there is no man there to tolerate their violence and their emotions. Two women together can't handle each other.
Female friendships? Even worse. Pure gossip, backbiting, jealousy, cutting each other off over the most childish things.
They will have 10 female friends by 2022. By 2026, only 2 are left. She has fought with ALL of them. Every single one is now an enemy.
But men are the problem.