03/02/2026
Someone bought land “clean.”
They did a search.
They paid full value.
They got a title deed.
Years later, the Court of Appeal said:
“That title was illegal.”
This is the story of Williams & Kennedy Ltd v David Kimani Gicharu & Others
(Civil Appeal Nos. E682, E686 & E705 of 2024-consolidated).
And it just became one of Kenya’s most uncomfortable land rulings.
A buyer purchased prime land in Runda.
Like many Kenyans do.
They followed the rules:
✔️ Official search
✔️ Registry confirmation
✔️ Clean paperwork
✔️ No notice of fraud
Everything looked legitimate.
Sounds safe, right?
Except there was a problem.
Two titles existed.
Both issued by the Lands Registry.
Both looked valid.
Both had official backing.
So the buyers argued:
👉 “We relied on the registry.”
👉 “We acted in good faith.”
👉 “We are innocent purchasers for value.”
The Court of Appeal listened.
Then said something chilling:
“That is not enough.”
Here’s what the Court decided (and why it matters):
✅ Where multiple titles exist, courts will not balance equities.
✅ The court will trace history, chronology, and legality.
✅ Only the title with a lawful root survives.
✅ Registry errors do not protect buyers.
✅ Administrative chaos at Ardhi House is not a defense.
And most critically:
❌ An innocent purchaser acquires no immunity if the root title was unlawful.
❌ Article 40(6) of the Constitution was applied without sympathy.
In simple terms:
Courts will no longer launder defective titles through good-faith purchases.
If the first registration was corrupted, every transaction after it collapses.
Let that sink in.
What this means for YOU:
If you’re a BUYER:
→ A search and title deed are no longer enough.
→ Paperwork is not protection.
→ You must interrogate history, prior ownership, disputes, and registry conduct.
→ If the title falls, the court will not save it because you paid.
If you’re a BANK or LENDER:
→ That title deed may not secure your loan.
→ Collateral risk just increased.
→ Credit decisions must go beyond registry searches.
If you’re a LAWYER or PROFESSIONAL:
→ Conveyancing is no longer a checklist exercise.
→ The liability conversation has shifted.
The message from the Court of Appeal is blunt:
Land buying in Kenya is no longer a paperwork exercise.
It is a risk assessment.
And the buyer bears the risk.
Have you ever assumed a title deed meant saffety?
