22/09/2025
DUE DILIGENCE |DUE DILIGENCE |DUE DILIGENCE
Titles With Defective Roots No Longer Protected
On 21st April 2023, the Supreme Court of Kenya delivered a landmark judgment in the case of Dina Management Limited v County Government of Mombasa & 5 others (2023) eKLR. This ruling has sent ripples across Kenya’s real estate and legal landscapes, redefining the principle of land ownership and the protection offered to bona fide purchasers.
The Ruling
The Court held that the doctrine of bona fide purchaser for value without notice does not apply where a title was illegally or irregularly obtained at the root.
Put simply:
Even if you bought land genuinely, in good faith, and paid full value, your title is not safe if the original allocation or registration was illegal or fraudulent.
A defective root of title cannot be sanitized through subsequent transfers.
This decision has far-reaching consequences:
Due Diligence is No Longer Optional
Buyers and investors must trace the entire history of a title—not just confirm the current entry in the land register.
Accountability in Land Registries
Fraudulent allocations and irregular dealings at the land registry will no longer be hidden under “innocent purchaser” protections.
Basic Due Diligence Checklist for Land Buyers in Kenya
1.Conduct an Official Title Search at the Lands Registry.
2.Examine the Root of Title – review allocation letters, grants, or transfers from the very beginning.
3.Check County Records for planning, zoning, and rates compliance.
4.Confirm with the National Land Commission (NLC) if public land is involved.
5.Engage a Lawyer and Surveyor to verify boundaries, maps, and encumbrances.
6.Investigate for Pending Disputes in the Environment and Land Court (ELC).
The Supreme Court’s ruling in Dina Management Limited v County Government of Mombasa & others fundamentally changes how Kenyans must approach land transactions.
It is no longer enough to rely on the doctrine of bona fide purchaser. The burden now falls on buyers, investors, and financial institutions to conduct thorough due diligence.
Because in the eyes of the law:
A title with a defective root is no title at all.
