Only Courts Can Revoke or Cancel Title Deeds in Kenya – Legal Update and Strategic Implications
Date: 24 June 2025
From: CM Advocates LLP – Real Estate, Banking & Finance Practice Group
Legal Position Reaffirmed: Title Revocation is a Judicial Function
In the recent decision of Republic v Land Registrar Murang’a & Another; Kamonye (Exparte Applicant) (Judicial Review E001 of 2023) [2024] KEELC 4892 (KLR) (19 June 2024), the High Court firmly reiterated that the power to cancel a certificate of title is exclusively vested in the courts. The ruling invalidated actions by the Land Registrar to unilaterally revoke a title, declaring them ultra vires and unconstitutional.
This landmark judgment adds to a growing body of jurisprudence safeguarding landowners from administrative overreach and reinforces the principle that title revocation must follow due process through judicial proceedings. The ruling has far-reaching implications for landowners, developers, and investors navigating Kenya’s real estate landscape.
Section 80 of the Land Registration Act – The Legal Foundation
Section 80 of the Land Registration Act, Cap. 300, forms the statutory backbone for judicial control over title rectification:
“80. Rectification by order of Court
(1) Subject to subsection (2), the court may order the rectification of the register by directing that any registration be cancelled or amended if it is satisfied that any registration (other than a first registration) was obtained, made or omitted by fraud or mistake.
(2) The register shall not be rectified to affect the title of a proprietor, unless the proprietor had knowledge of the omission, fraud or mistake or substantially contributed to it by any act, neglect or default.
(3) Where the court has ordered any rectification of the register, it shall direct the Registrar to give effect to the order.”
— Land Registration Act, No. 3 of 2012
Powers of the Land Registrar: Rectification vs. Revocation
While the Land Registrar plays an essential role in land administration, their powers are limited to rectification—not revocation—of titles. The distinction is crucial:
What the Registrar Can Do (Section 79 LRA):
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Rectify the register to correct errors or update particulars that:
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Do not materially affect the rights or interests of a proprietor;
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Are necessary to give effect to court judgments;
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Address clerical mistakes or omissions made during registration.
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Examples include:
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Typographical corrections in names or parcel numbers;
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Updating property boundaries in line with surveyed data;
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Reflecting change of user or amalgamations already approved.
❌ What the Registrar Cannot Do:
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Cancel a title on grounds of fraud, illegality, or unlawful allocation;
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Declare a title null and void;
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Act unilaterally to remove a registered proprietor without a court order.
Such actions constitute revocation, which falls solely within the jurisdiction of the High Court under Section 80 of the Land Registration Act. Any attempt by the Registrar to revoke a title without judicial authority is unlawful and susceptible to judicial review.
How CM Advocates LLP Protects and Enhances Your Property Rights
At CM Advocates LLP, our Real Estate, Banking and Finance Department is widely recognized as a market leader in defending, structuring, and unlocking value in proprietary interests across Kenya and the region. We combine sectoral depth, technical excellence, and a client-first approach to deliver both preventative and responsive legal solutions for our clients.
As outlined in our [Real Estate Banking & Finance Group Profile], we serve a diverse and sophisticated clientele—ranging from high-net-worth individuals and diaspora investors to large-scale developers, institutional landowners, and international financiers. Our client relationships are built on trust, discretion, and consistent delivery of commercially astute legal services.
We offer a comprehensive suite of advisory, transactional, and litigation support services, including:
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Judicial review and injunctive relief applications to protect clients from unlawful administrative action, including title revocations, adverse listings, or arbitrary cancellations;
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Title rectification, reconstruction, and conversion support, ensuring full compliance with statutory frameworks while preserving valid land rights;
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Compliance advisory with land laws, including the Sectional Properties Act, Ardhisasa registration system, and Ministry of Lands digitization protocols;
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Strategic representation in matters involving the National Land Commission (NLC)—whether before inquiries, tribunals, or judicial forums;
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Real estate development and joint venture advisory, including due diligence, JV structuring, shareholder agreements, project permitting, and compliance;
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Real estate joint venture transactions, including co-development frameworks between landowners and developers, exit planning, and registration of interests;
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Structuring of ownership vehicles, such as Special Purpose Vehicles (SPVs), family-owned companies, family investment companies, and trusts, for optimal tax efficiency, asset protection, and estate continuity;
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Conveyancing transactions, covering the sale, purchase, and conversion of titles across residential, commercial, and agricultural property classes;
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Negotiation and perfection of commercial leases, including retail, industrial, hospitality, and mixed-use arrangements, with attention to tenant protections, compliance, and enforcement;
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Wealth structuring and estate planning, including wills, inter vivos transfers, and legal instruments for generational estate management;
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Strategic tax advisory on Capital Gains Tax (CGT), stamp duty, VAT implications on property, and cross-border tax planning for foreign or dual-resident clients.
Backed by a multidisciplinary team, local insight, and deep regulatory experience, we empower our clients to secure, optimize, and grow their real estate assets while mitigating risk and preserving legacy.
Take Action Today
We urge clients to remain vigilant and legally proactive. Let us help you:
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Review and respond to any adverse land registry actions;
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Protect your title through legal injunctions or court declarations;
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Structure secure land ownership models for future transactions.
📞 Contact us:
Email: cmaina@cmadvocates.com or RBF@cmadvocates.com
Phone: +254 716 209 673
Website: www.cmadvocates.com