Crucial Decisions Every Conveyancing Practitioner Must Know

The Supreme Court and Court of Appeal have fundamentally altered the conveyancing landscape in Kenya. The era of reliance on registration alone is over. Root of title scrutiny is now the heart of every transaction.
Here are the 5 landmark cases redefining the practice:
⚖️ 1. Dina Management Ltd v County Government of Mombasa [2023] KESC 30
Registration is not a shield. An unlawful foundation vitiates the entire chain, regardless of subsequent bona fide transfers.
⚖️ 2. Torino Enterprises Ltd v Attorney General [2023] KESC 79
An allotment letter—lapsed or not—confers no transferable title. Conveyancers must insist on a registered grant.
⚖️ 3. Sehmi v Tarabana Company Ltd [2025] KESC 21
No innocent purchaser protection where public land was illegally allocated. No legal estate ever existed to pass.
⚖️ 4. Mas Construction Ltd v Sheikh [2025] KECA 349
Expired leasehold land cannot be reallocated. The Commissioner of Lands lacked jurisdiction. Verify the State's capacity at the time of allocation.
⚖️ 5. Teleposta Pension Scheme v Intercountries Exporters Ltd [2024] KECA 870
An irregular allocation yields nothing. No valid interest exists to transfer or charge. The title is void ab initio.
📘 The Bottom Line:
Conveyancing is no longer a checklist exercise. It is a forensic, sequential inquiry into the legality of the root of title.