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    When a Title Deed Isn't Enough

    Lulu
    By Lulu Kiritu
    - September 22, 2025
    - September 22, 2025
    InvestmentOpinion and CommentaryReal Estate
    When a Title Deed Isn't Enough

    Imagine saving for years, doing everything by the book, running a land search, consulting a bank, paying rates, only to be told your title deed is worthless.

    That’s the reality now facing hundreds of Kenyans who bought land in Ruiru, once part of the late spy chief James Kanyotu’s estate. A gazette notice issued on August 15th cancelled hundreds of titles, citing an old succession dispute dating back to 2008. Buyers who thought they had iron-clad ownership are suddenly staring at demolitions and financial ruin.

    One victim explained how he did everything by the book;land searches, bank financing, legal consultation. On paper, his due diligence checked out. Yet beneath it all lay a fact hidden in plain sight: since 2008, a succession case had barred any transactions on the land.

    That raises troubling questions. How did banks and lawyers,paid precisely to protect buyers, miss this crucial detail? How did the Ministry of Lands approve multiple transfers of the same property, despite a court order? And why were official records never updated to reflect the restriction?

    Ruiru is unfortunately not an isolated case. We’ve seen this script before in the Kariobangi demolitions, the Ruai evictions, and the Karen land grab. Different names, same outcome. The pattern is painfully familiar: weak enforcement, opaque systems, and a land regime so fragile that even a title deed offers no guarantee of security.

    And that’s the most unsettling truth of all: in Kenya, you can follow every rule, tick every box, and still lose everything because the very institutions meant to safeguard you are the ones that fail first.

    The Ripple Effect on Investment

    That failure doesn’t just punish today’s buyers; it poisons tomorrow’s investment climate. If a title deed, once considered the gold standard of ownership can be cancelled overnight, then what confidence remains?

    Ordinary Kenyans are already shaken. For the diaspora, sending savings back home suddenly feels like gambling. And for foreign investors comparing markets, Kenya’s land system begins to look less like opportunity and more like risk.

    The Investor’s Dilemma

    So where does that leave investors? Kenya’s property market remains irresistible, driven by urban growth, rising demand, and the cultural weight of land as the ultimate asset. But if even bank-backed, lawyer-approved transactions can collapse, how can Kenyans safeguard themselves?

    Perhaps the uncomfortable answer is this: due diligence in Kenya cannot stop at paperwork. In a system this fragile, due diligence must reach deeper than paperwork alone.

    How Investors Can Protect Themselves

    The truth is, no measure offers 100% protection in Kenya’s land market. But buyers can reduce their risk by going beyond the usual land search and lawyer’s stamp. Practical safeguards include:

    1. •Check the courts, not just Ardhi House – A clean land search isn’t enough. Always confirm there are no ongoing succession disputes or injunctions.
    2. •Demand succession clearance – If the land belonged to a deceased estate, insist on seeing the grant of probate or letters of administration authorizing any sale.
    3. •Hire your own lawyer – Never rely on the seller’s lawyer or “recommended contacts.” A truly independent advocate is worth the fee.
    4. •Cross-verify records – Check with the Ministry of Lands, the County government, and the courts. If details don’t align, walk away.
    5. •Scrutinize ownership history – Multiple rapid transfers in recent years are often a red flag. Trace ownership back as far as possible.
    6. •Be cautious of ‘too good to be true’ offers – Unrealistically cheap plots and rushed timelines usually signal risk.
    7. •Stick with reputable developers – Established firms with a track record are safer than one-off sellers with no reputation to protect.
    8. •Push for accountability – If banks, valuers, or lawyers are involved, insist on written assurances. Paper trails shift responsibility if things go wrong.

    These steps won’t eliminate risk but they shift some of the burden back onto professionals and institutions, where it belongs.

    A Sobering Reality

    The Ruiru saga is a reminder that in Kenya, land remains both a treasure and a trap. Titles, searches, even lawyer’s stamps may offer comfort, but they are no guarantee. Until institutions are strengthened, records cleaned up, and accountability enforced, risk will always stalk the land market.

    For now, the best investors can do is approach every deal with caution, verify beyond the paperwork, and demand higher standards from the professionals they hire. Because in the end, it should not be ordinary Kenyans who carry the cost of a broken system, it should be the system itself that is fixed.

    Lulu Kiritu is a Content Manager & Public Relations Specialist at BuyRentKenya, a real estate firm that connects people to property across Kenya.

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