The BizCLIR diagnostic addresses three types of property rights that are fundamental to a sound and growing commercial economy: real property, movable property, and intellectual property. Movable and certain intangible property is addressed in this report’s chapter on Getting Credit.
The different regimes for real and intellectual property rights in Kenya illustrate the dramatic changes the country is undergoing, and the complexity of reform. On the one hand, the legal regime for recognition and protection of intellectual property rights is generally well developed, following international standards and linked to international organizations. The primary implementing institution is well respected and reasonably well staffed. On the other hand, the legal regime pertaining to land and real estate is an historic tangle of confusion, regulated by some of the least respected institutions in the country. Both categories of property rights suffer from a lack of public awareness, resulting in significant negative consequences for economic growth.
The BizCLIR scores, which address both real property rights and intellectual property rights reflect a finding reached several times in this report: that implementing institutions are in the greatest need of improvement and support.
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