30/01/2026
π¨ Kenyaβs Land Buyers, Take Note π¨
Someone bought land βclean.β
βοΈ Did a search
βοΈ Paid full value
βοΈ Got a title deed
Years later, the Court of Appeal said:
> βThat title was illegal.β
This is the story of Williams & Kennedy Ltd v David Kimani Gicharu & Others (Civil Appeal Nos. E682, E686 & E705 of 2024 β consolidated). And it just became one of Kenyaβs most uncomfortable land rulings.
Hereβs what happened:
π‘ A buyer purchased prime land in Runda.
β
Followed the rules: official search, clean paperwork, no notice of fraud.
Everything looked legitimate⦠but there was a problem.
Two titles existed. Both issued by the Lands Registry. Both looked official.
The buyers argued:
π βWe relied on the registry.β
π βWe acted in good faith.β
π βWe are innocent purchasers for value.β
The Court of Appealβs response? Chilling:
β βThat is not enough.β
Key takeaways from the ruling:
Where multiple titles exist, courts trace history, chronology, and legality.
Only the lawful root title survives.
Registry errors do not protect buyers.
Administrative chaos at Ardhi House is not a defense.
Innocent purchasers get no immunity if the root title was unlawful.
π‘ In short: Paperwork alone no longer guarantees safety.
What this means for you:
BUYERS:
β Searches & title deeds are no longer enough.
β Investigate prior ownership, disputes, and registry conduct.
β If the title falls, the court wonβt save you.
BANKS & LENDERS:
β That title may not secure your loan.
β Collateral risk just went up.
β Credit decisions must go beyond registry searches.
LAWYERS & PROFESSIONALS:
β Conveyancing is no longer a checklist exercise.
β Liability conversations have shifted.
β οΈ The message is blunt: Land buying in Kenya is now a risk assessment exercise, and the buyer bears the risk.
Have you ever assumed a title deed meant safety? π€
π Letβs talk: 0202000030 / 0700374359