LLB Research Projects (2024)

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Balancing the competing interests of property owners and the state: an evaluation of the delicate balance between protecting the indefeasible title of bona fide purchasers while ensuring justice for victims of illegal property acquisition
(Strathmore University, 2024) Chege, W.
Kenya's land registration system is filled with gaps, loopholes, and historical injustices. Since colonial rule to the present day, our land history has been riddled with fraudulent practices, irregular allocations, and challenges to the principle of the sanctity of title. From several judicial decisions, the interpretation of Article 40 of the Constitution and Section 26 of the Land Registration Act seem to differ depending on the adjudicator. Despite the current legal framework being aimed at protecting bona fide purchasers, it struggles to secure indefeasible titles against fraudulent sellers. Amid government efforts to reclaim illegally acquired public land, innocent purchasers hinder the supposed seamless resolve.