A registered land title cannot be overturned simply because someone says the land has always belonged to their family. Kenyan law allows a title to be challenged only on limited, proven grounds. A claim of ancestral or historical ownership, on its own, is not enough.
What does a certificate of title mean?
Under section 26(1) of the Land Registration Act, 2012, a certificate of title issued by the Registrar is prima facie evidence that the person named is the absolute and indefeasible owner. In everyday language, the certificate is accepted as evidence of ownership unless a recognised legal ground for challenging it is established.
That gives a registered title strong protection, but it does not make every title impossible to question. The important distinction is between disagreeing with someone’s ownership and proving a ground on which the law allows their title to be challenged.
What grounds can support a challenge?
Section 26(1)(a) and (b) gives the limited grounds: fraud or misrepresentation to which the holder is proved to be a party, or where it was acquired illegally, unprocedurally or through a corrupt scheme.
A person challenging the title must plead and prove the fraud or illegality. “Plead” means setting out the allegation in the court case. “Prove” means supporting it with evidence, rather than merely making an accusation.
For example, a family may have a long-standing account of how its grandparents occupied a piece of land. That history may explain why family members believe the land is theirs. But repeating that account does not, by itself, establish a recognised ground for overturning the registered title.
What should you do when ownership is disputed?
Keep copies of the title and any records you already have relating to the land. Write down the history of the disagreement and separate what you personally know from what others have told you. This can help you explain the issue clearly when speaking to an advocate.
The Environment and Land Court hears these disputes, and the question is decided on evidence. Whether you hold the title or question it, focus on the legal grounds and the evidence supporting them—not just how firmly either side insists the land is theirs.
📚 Muia (Suing as the personal representative of the Estate of Nasson Mwikya Makau – Deceased) v Kavuli & another [2026] KEELC 7110 (KLR)
Entertainment and general information, not legal advice. For advice on your own situation, speak to an advocate.