📢 New Blog Post!
Statelessness, the lack of a nationality between an individual and any country, is a global issue affecting millions of persons around the world.
Read @JulieLugulu's article in which she explores statelessness in Kenyan children: https://t.co/SdjlLJXpH4
🚨🚨 BREAKING: COURT OF APPEAL DECLARES - A TITLE DEED CANNOT DEFEAT A PROVEN TRUST
In Erick Kipkurgat Kiprono v Patrick Kimutai Kiprono, the Court of Appeal has sent shockwaves through land ownership disputes after ordering a registered landowner to surrender half of land he held solely in his name. The dispute traces back to around 2000 when two parties allegedly agreed to jointly purchase 10 acres from Lonrho Agribusiness for KSh 350,000. Because one party worked in Nairobi, the other handled the transaction. The sale agreement expressly stated the purchaser was acting as agent for both and even allocated 5 acres each in the schedule. However, when the title was eventually issued, the entire land was registered in only one name. When the excluded party later demanded his share, the registered owner flatly denied any joint purchase, contribution, or trust.
The Court of Appeal was not convinced. After re-evaluating the evidence, the judges found the intention to jointly own the land was not speculative; it was written into the very sale agreement used to obtain Land Control Board consent. Testimony from the attesting advocate, the vendor’s lawyer, and the vendor’s representative all confirmed the joint purchase. The Court emphasized that a trust will be implied where parties’ intention is clearly established, and that equity will not allow a registered proprietor to approbate and reprobate by relying on the same agreement to obtain title while denying the beneficial interest recorded in it. Crucially, the Court held that the Land Control Act could not be used as an instrument of fraud where consent had already been obtained on the basis of a disclosed joint interest.
For the ordinary mwananchi, this decision is a serious reality check. Many people believe the name on the title deed is the end of the story, it is not. If evidence shows land was bought jointly or one party acted as agent for another, courts can and will slice through the register and enforce a trust. What many are not ready for is this: informal family arrangements, handshake land deals, and “weka kwa jina yako kwanza” transactions are legally dangerous. Going forward, anyone entering joint land purchases must document contributions clearly and align registration with the true intention; because in today’s Kenya, the courts are increasingly willing to look beyond the title and follow the money and the intention.
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Thank you to our partners and communities for walking with us in 2025. In 2026, we look forward to deeper collaboration, stronger programming, and lasting change. #Gratitude#NewYear2026#TogetherWeGrow
As we mark the 16 days of activism against Gender Based Violence (GBV), protection of all must be the rallying call and the collective theme.
For more insights, read the below article👇👇, authored by our own @JavanMitema
#ChangeBeginsWithUs#16DaysOfActivism2025#Purple
Together with @kenya_puppet, we joined the @NCAJ_KE Standing Committee on the Administration of Justice for Children at Mathare Special Training Centre to mark the launch of the National Annual Children Service Month, presided over by PS CPA Caren Angeng’o. #ChildProtectionKE
This past week, we joined @WeAreVCA partners for a program close out meeting at Panari Hotel in Nairobi. The meeting largely focused on the program's performance in Kenya focusing mainly on the climate justice transformation agenda.
As part of the ongoing effort to decentralise and enhance access to justice, the Chairperson of the Judicial Service Commission, Chief Justice Martha Koome, has gazetted the establishment of an Environment and Land Court in Limuru, Kiambu County.