The legal framework
Land in Kenya is governed by the Constitution of Kenya 2010, the Land Act 2012 and the Land Registration Act 2012, among other laws. Disputes over the use, occupation and title to land are heard by the Environment and Land Court, which has the status of the High Court.
Registration is central: the register is the primary evidence of title, but a title obtained through fraud, misrepresentation or an unlawful process can be challenged. Courts examine how a title came into existence, not just the certificate itself.
Common land matters we handle
- Ownership disputes and challenges to fraudulently obtained titles
- Boundary disputes and encroachment
- Registration of cautions and restrictions to protect an interest
- Adverse possession claims
- Transmission of land after death, alongside succession proceedings
- Subdivision, amalgamation and change of user
- Landlord and tenant disputes over land and premises
Common risks and mistakes
- Delaying action while someone else develops or sells the disputed land.
- Taking matters into your own hands instead of using the court process.
- Allowing occupation by others to continue unchallenged for many years.
- Pursuing a land case without first securing the documentary evidence of title and history.
Who should seek counsel
- Landowners facing a competing claim or encroachment
- Families dealing with land of a deceased relative
- Buyers who discover a problem after purchase
- Developers and institutions with land portfolios
How we work
- 1Title and history reviewWe review the title, searches, survey records and the transaction history.
- 2Protect your interestWhere needed, we register a caution or seek urgent orders to preserve the land.
- 3ResolveWe pursue negotiation, mediation or Environment and Land Court proceedings as appropriate.
- 4Register the outcomeWe make sure any settlement or court order is properly reflected on the register.
Advocates for this matter
Frequently asked questions
The Environment and Land Court hears disputes relating to the use, occupation and title to land. Some smaller matters may be heard by magistrates' courts with the relevant jurisdiction.
Adverse possession allows a person who has openly and continuously occupied another's land without permission for the period set by the Limitation of Actions Act — generally twelve years — to apply to court to be registered as owner. Each case depends closely on its facts.
You may be able to register a caution against the title or seek an injunction from the court. Acting quickly is important, as a sale to a third party can complicate matters.
Yes, a court can order the rectification or cancellation of a title obtained by fraud, mistake or an unlawful process. The person challenging the title must prove their case with evidence.
Related legal services
This page gives general information about Kenyan law and is not legal advice for your situation. Contacting us does not create an advocate–client relationship. Last reviewed 8 Oct 2026.