Conveyancing

In Kenya’s real estate transactions, the presence of a charge on land does not bar its sale. As long as ownership can be established through proper due diligence, a property whether charged or not, remains a transferrable interest. A registered charge simply reflects a lender’s interest, not a legal prohibition on sale. It is not

\’\’A registered proprietor acquires an absolute and indefeasible title if and only if the allocation was legal, proper and regular and that a Court of law cannot on the basis of indefeasibility of title sanction an illegality or gives its seal of approval to an illegal or irregularly obtained title.\’\’ Written by: Esther Githeru and

The conversion of public land to private ownership is a matter of legal and societal significance, demanding strict adherence to established legal procedures to ensure that resulting title documents are beyond reproach. Generally, public land is land owned and managed by the government for the benefit of the public. The land may be managed for