INVOLUNTARY

TRANSFERS
(by operation of law)
 INVOLUNTARY TRANSFERS
(by operation of law)
Death: Sections 49&50 LA and Sections 60&61 LRA
 Transmission by death of joint proprietor: if one of two or more joint
proprietors of any land, lease or charge dies, the Registrar shall, on the proof
of the death, delete the name of the deceased from the register by
registration of the death certificate.
 Transmission on death of a sole proprietor or proprietor in common: if a sole
proprietor or a proprietor in common dies, the proprietor’s personal
representative shall on application to the Registrar in the prescribed form on
production to the Registrar of the grant, be entitled to be registered by
transmission as proprietor in the place of the deceased with the addition
after the representatives name the words “as executor of the will
of……………..(deceased) or “as the administrator of the estate of………………….
(deceased) as the case may be.
 INVOLUNTARY TRANSFERS
(by operation of law)
 Upon production of a grant, the Registrar may, without requiring the
personal representative to be registered, register by transmission (a)
any transfer by the personal representative (b) any surrender of a
lease or discharge of a charge by the personal representative.
 A “grant” means the grant of probate of the will, the grant of letters
of administration of the estate or the grant of summary
administration of the estate in favor of or issued to the public trustee,
as the case may be of the deceased proprietor.
 INVOLUNTARY TRANSFERS
(by operation of law)
Court attachment and sale: Order 22 Rule 55 Civil Procedure Rules, 2010 Section
54 LA and Section 65 LRA
 Power to order property attached to be sold and proceeds to be paid to a person
entitled: Any court executing a decree may order that any property attached by it
and liable for sale, or such portion thereof as may seem necessary to satisfy the
decree, shall be sold, and that the proceeds of such sale, or a sufficient portion
thereof, shall be paid to the party entitled under the decree to receive the same.
 Transmission in other cases: if a person has become entitled to any land or lease
or charge under any law or by virtue of any order or certificate of sale made or
issued under any law, the registrar, on the application of any interested person
supported by such evidence as the registrar may require shall register the person
entitled as the proprietor.(Section 54 LA and Section 65 LRA)
 INVOLUNTARY TRANSFERS
(by operation of law)
Vesting Order: Section 45-56 Trustees Act Cap 167
 Vesting Order is an order of the Court creating or transferring legal estate in land. Eg: Such orders are made when a chargee exercises
their power of sale
 Vesting orders of land In any of the following cases—
(a) where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or
express power;
(b) where a trustee entitled to or possessed of any land or interest therein, whether by way of mortgage or otherwise, or entitled to a
contingent right therein, either solely or jointly with any other person— (i) is under disability; or (ii) is out of the jurisdiction of the
court; or (iii) cannot be found, or, being a corporation, has been dissolved.
(c) where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any interest in land;
(d) where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land is living or dead;
(e) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it
is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land;
(f) where a trustee jointly or solely entitled to or possessed of any interest in land, or entitled to a contingent right therein, has been
required, by or on behalf of a person entitled to require a conveyance of the land or interest or a release of the right, to convey the
land or interest or to release the right, and has willfully refused or neglected to convey the land or interest or release the right for
twenty-eight days after the date of the requirement;
(g) where land or any interest therein is vested in a trustee, whether by way of mortgage or otherwise and it appears to the court to be
expedient,
the court may make an order (in this Act called a vesting order) vesting the land or interest therein in any such person in any such
manner and for any such estate or interest as the court may direct, or releasing or disposing of the contingent right to such person as
the court may direct
 INVOLUNTARY TRANSFERS
(by operation of law)
Vesting Order: Section 45-56 Trustees Act Cap 167
 Vesting orders of land
 Orders as to contingent rights of an unborn person
 Vesting order in place of conveyance by infant mortgagee
 Vesting order consequential on judgement of specific performance
 Effect of vesting order
 Power to appoint person to convey
 Vesting orders as to stock and things in action
 Vesting orders of charity property
 Vesting orders in relation to infants' beneficial interests
 Orders made upon certain allegations to be conclusive evidence
 Power of courts to authorize dealings with trust property
 INVOLUNTARY TRANSFERS
(by operation of law)
Insolvency Act 2015
“bankrupt" means a debtor who has been adjudged bankrupt under Part III and has not
been discharged from bankruptcy;
 Nature of bankruptcy :
(1) Bankruptcy occurs when the Court makes an order in respect of a debtor adjudging the
debtor bankrupt—
(a) on the application of one or more creditors of the debtor made in accordance with
section 17; or
(b) on the application of the debtor made in accordance with section 32.
(2) If a person is adjudged bankrupt—
(a) the property of the person vests in the bankruptcy trustee or, if there is no bankruptcy
trustee, the Official Receiver; (b) the person becomes restricted as to the business activities
that the person can undertake; and (c) the Official Receiver is entitled to recover assets that
the person has transferred within the two years immediately preceding the bankruptcy
 INVOLUNTARY TRANSFERS
(by operation of law)
Transmission on bankruptcy: Upon production to the Registrar of a
certified copy of the order of court adjudging a proprietor bankrupt, or
directing that the estate of a deceased proprietor shall be
administered according to the law of bankruptcy, a copy of the order
shall be filed with the Registrar and the trustee in bankruptcy shall be
registered as proprietor of any land, lease or charge of which the
bankrupt or the deceased proprietor is proprietor, in place of the
bankrupt or deceased proprietor
 A trustee in bankruptcy shall be described in the register as “trustee of
the property of (…………) a bankrupt”. sections 52 LA, Section 63 LRA
 INVOLUNTARY TRANSFERS
(by operation of law)
Adverse possession Section 7 and 17 Limitation of actions act cap 22
 Actions to recover land: An action may not be brought by any person
to recover land after the end of twelve years from the date on which
the right of action accrued to him or, if it first accrued to some person
through whom he claims, to that person
 Title extinguished at end of limitation period: Subject to section 18 of
this Act, at the expiration of the period prescribed by this Act for a
person to bring an action to recover land (including a redemption
action), the title of that person to the land is extinguished.(read
section 18 of the Act on Equitable interests)
 INVOLUNTARY TRANSFERS
(by operation of law)
Adverse Possession
CA Chevron (K) Ltd Versus Harrison Charo wa Shutu (2016) eKLR
CA Mtana Lewa vs Kahindi Nhala Mwagandi (2015) eKLR
Bwana versus Ibrahim (1984) EACA 7
Karanja Matheri Versus Kanji (1976) KLR 140
the rule in Karanja Matheri vs. Kanji requires that an applicant prove the alleged area
of a portion of land which he or she is allegedly in adverse possession of.
 INVOLUNTARY TRANSFERS
(by operation of law)

Adverse possession
• C.A. NO. 213 OF 1996 BENJAMIN KAMAU MURIMA & 3 OTHERS V GLADYS NJERI where
the Court of Appeal stated,
“The combined effect to the relevant provisions of Sections 7, 13 and 17 of the
Limitation of Actions Act, Chapter 22 of the Laws of Kenya is to extinguish the title of a
proprietor of land in favour of an adverse possessor of the same at the expiry of 12
years of adverse possession of that land.”
• Kimamo versus Kimamo (2004) KLR Nyeri HCC no 72 of 2002
The Plaintiff’s occupation of this land is through the tacit acquiescence of the
Defendant. It is neither hostile nor notorious, nor has there been any clear ouster of
the Defendant by the Plaintiff. The Plaintiff’s occupation cannot therefore be
considered to be adverse to the Defendant’s interest.
 INVOLUNTARY TRANSFERS
(by operation of law)
Compulsory Acquisition: Article 40(3) The Constitution, 2010
Protection of right to property: The state shall not deprive any person of
property of any description, or any interest in, or right over, property of any
description unless the deprivation
a) Results from an acquisition of land or an interest in land or a conversion of
an interest in land, or title to land in accordance with chapter 5 (Human
rights) of the constitution.
b) Is for public purpose or in the public interest and is carried out in accordance
to the constitution, and any Act of Parliament that requires prompt payment
in full, of just compensation to the person and allows any person who has an
interest in or right over that property a right to access to a court of law.
 INVOLUNTARY TRANSFERS
(by operation of law)

Compulsory Acquisition
Town council of Awendo Vs Nelson Oduor Onyango and 13 Others (2014) eKLR
•General Principles
1. Where the Government, pursuant to the relevant constitutional and legal provisions,
compulsorily acquires land, such land, shall only be used for the purpose for which it was
compulsorily acquired.
2. The allocation of compulsorily acquired land, to private individuals or entities, for their
private benefit, in total disregard of the public purpose or interest for which it was
compulsorily acquired, shall be incapable of conferring title to that land in favour of the
allottees.
3. A person whose land has been compulsorily acquired in accordance with the relevant
constitutional and legal provisions does not retain any reversionary interest in the said land.
4. Un-utilized portions of compulsorily acquired land may be used for a different public
purpose, or in furtherance of a different public interest, including the allocation of such
portions to private individuals or entities, at the market price, in furtherance of such public
interest.
 INVOLUNTARY TRANSFERS
(by operation of law)

Compulsory acquisition
Eunice Grace Njambi Kamau and another versus Attorney General and another (2013)
eKLR
1.That the acquisition by the Petitioners of Land parcel L.R No. Kiambaa/Ruaka/1588 was
lawful and in accordance with the law and therefore deserving of protection under Article
40 of the Constitution.
2.That the forcible entry, seizure, possession and impending demolition of the petitioners
premises on L.R. No. Kiambaa/Ruaka/1588 amount to violation of their rights to
protection of property under Article 40 of the Constitution.
3.That an order of prohibition be and is hereby issued to prohibit the Respondents severally
and jointly from entry into, seizure, confiscation, occupation, alienation and from taking
possession of land parcel L.R. No. Kiambaa/Ruaka/1588 unless and until there has been
compliance with the compulsory acquisition provisions of the Land Act No. 6 of 2012 and
Article 40 of the Constitution
 INVOLUNTARY TRANSFERS
(by operation of law)
 Compulsory acquisition
Mohamed versus Commissioner of Lands and others (2006) KLR
 INVOLUNTARY TRANSFERS
(by operation of law)
Protection of right to property: Article 40(3) The Constitution, 2010 :

RE The Estate of William Kimngeny Arap Leting (Deceased) 2016 e-KLR

Arnacherry Ltd versus The Attorney General (1014) eKLR

judgment must and is hereby ordered in favour of the Petitioner against the
Respondent in the following terms;
A declaration that the Petitioner’s rights under Article 40 of the Constitution of
Kenya 2010 relating to the protection of the right to ownership of property and
prompt, full, fair and just compensation in the event of compulsory acquisition for
public use or appropriation have been violated by the Kenya State.
 INVOLUNTARY TRANSFERS
(by operation of law)
Section 2 & 6 Matrimonial property Act 2013
 “matrimonial home” means any property that is owned or leased by one or both spouses and
occupied or utilized by the spouses as their family home, and includes any other attached property; “
 Meaning of matrimonial property
(1) For the purposes of this Act, matrimonial property means—
(a) the matrimonial home or homes;
(b) household goods and effects in the matrimonial home or homes; or
(c) any other immovable and movable property jointly owned and acquired during the subsistence of
the marriage.
EXEPTIONS
(2) Despite subsection (1), trust property, including property held in trust under customary law, does
not form part of matrimonial property.
(3) Despite subsection (1), the parties to an intended marriage may enter into an agreement before
their marriage to determine their property rights.
(4) A party to an agreement made under subsection (3) may apply to the Court to set aside the
agreement and the Court may set aside the agreement if it determines that the agreement was
influenced by fraud, coercion or is manifestly unjust