The question of who is the rightful owner of land in Kenya is often a contentious and difficult issue to resolve. On 17 July 2017, via Special Gazette Notice No. 6862, the National Land Commission (NLC) made determinations in relation to hundreds of grants and dispositions of land, revoking, regularising or upholding titles to land. To access the Special Gazette Notice and review the affected properties please open this link.
The right to ownership of land is protected under Article 40 of the Constitution, which grants every person the right, either individually or in association with others, to acquire or own land of any description and in any part of Kenya. This means that, lawful and legitimate owners of land are protected from arbitrary deprivation of their land in any part of Kenya.
If any person believes that the decision made by NLC was arbitrary or unlawful, they have the right to challenge the decision in a court of law and seek the following remedies:
The Act also provides that no revocation of title to land shall be effected against a bona fide purchaser for value without notice of a defect in the title to land. Such a bona fide purchaser whose title to land has been revoked could challenge the revocation before a court of law.
|Mona K. Doshi
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