This article establishes that only a court of law possess the legal authority to revoke a land title sue to claims on fraud or illegality and emphasizes that accusations of criminal misconduct in property matters cannot be handled lightly and must adhere to strict standard of proof.
As seen in the judgement of the case of Registrar of Titles, Nairobi & Another; Meron Limited( Judicial Review Application) 2025, in para 32, it cited Super Nova Properties Limited & another v District Registrar Mombasa, in Court of Appeal, 2018 where it held that under section 79 and 80 of the LRA 2012, the only institution with the mandate to cancel a title to land on the basis of fraud or illegality is a court of law because it would require elaborate pleadings and strict proof.
The case of Republic v Chief of Land Registrar and another ex parte Yosabia Kerubo Manyara 2018, the court held that under section 79 of the Land Registration Act, the Land registrar’s power of rectification is limited to rectifying errors, mistake or omissions that do not materially affect the interest of any proprietor. Cancellation of a title quite clearly would affect the interest of the registered proprietor. And so, it was the view of the court that the land registrar lacked the jurisdiction to cancel the applicant’s title and in doing so he acted ultra vires and his actions are amenable to an order of Certiorari.
The procedure of revocation of titles by registrar of title by registrar in cases of errors, omissions or mistakes.
- In cases of any suspicion with regards to the title, the Registrar must send a written notice to the registered proprietor of the land.
- The notice must explain the reasons for revocation for that title.
- Period is given to that person to show cause why the title should not be revoked.
- Notification of the decision by the registrar to registered proprietor and in major cases the registrar publishes on the gazette notice to invalidate the title publicly.
These procedural elements ensure fairness and transparency, but they do not confer power to cancel titles on grounds of fraud or illegality absent judicial determination
NB: On protection of Innocent buyers, if you bought a land in good faith without knowledge of fraud, the law (section 26 of the LRA) can sometimes protect you but not if the land was public land or obtained illegally.
Ultimately, these legal precedents safeguard property rights by ensuring that titles are only stripped through a formal, strict legal process.