Supreme Court Spooks land grabbers in Kenya
When the bulldozers came calling Southend Mall in Nairobi On April 21, 2023, the Supreme Court of Kenya made a landmark ruling on land grabbing in the country. It ruled, “The doctrine of bona fide purchase for value does not apply where the root of the title to land is challenged.” That short sentence shattered an investor’s dream to own a prime beach property as its root was challenged. An 18 million shilling investment for a 1.2-acre beach plot evaporated. The ruling by the SCOK is now the law. Moreover, it has spooked land fraudsters. Previously, all a buyer needed was a title Deed to the land to claim legal ownership. Now the root of the title must be clean for the title deed to be valid. This ruling means that the responsibility to carry out due diligence in the purchase of land lies with the buyer. Shoddy research could bring the buyer to tears. Not only the investor but also financial institutions that could accept titles to such land as security for loans. They will be holding...