Boundary, ownership and fraud disputes go to different forums. How the Land Registrar, the National Land Commission, the DCI and the Environment and Land Court fit together.
By Wakili Link Editorial
Land disputes are the single largest category of civil cases in Kenya. The right first step depends on what the dispute is actually about.
Under the Land Registration Act, disputes over the boundaries of registered land go to the Land Registrar, who can visit the site with a surveyor and fix the boundary. Courts generally expect this to be done first, so filing straight in court can waste time.
Who owns the land, whether a title was properly issued, adverse possession claims, evictions and trespass all fall within the jurisdiction of the Environment and Land Court (ELC), or a magistrates' court with land jurisdiction for smaller matters. The court can order a title cancelled or rectified, and can grant an injunction to stop a sale or construction while the case runs.
Disputes about public land, and historical land injustices, are within the mandate of the National Land Commission.
If you have a claim to land registered in someone else's name, an advocate can lodge a caution at the registry so the land cannot be dealt with without notice to you. This is often the most urgent step.
Forged titles, fake sellers and fraudulent transfers are crimes. Report them to the police — the Directorate of Criminal Investigations has a land fraud unit — with copies of the search, the documents you were given and records of any payment. A criminal complaint does not by itself recover the land; you will usually also need a civil case at the ELC.
The Constitution (Article 159) encourages alternative and traditional dispute resolution. Family and neighbour land disputes are often settled through mediation or elders, with the outcome recorded and, where needed, adopted by the court.
Most fraud is preventable: an official search just before you pay, a site visit with a surveyor, checking the seller's identity against the register, and paying only through an advocate's client account.
This article is general information, not legal advice on your situation.
This article is general information, not legal advice on your situation. If you need advice, describe your matter on Wakili Link and we will match you with a verified advocate who handles it.
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