In many Kenyan families the most valuable asset is land , and the most common disputes are about who really owns it and who may sell it. Trusts sit at the centre of many of those disputes, both as a solution and as a source of conflict when not documented properly.
Can family land be held in trust?
Yes. Land can be held on an express trust created in writing, and Kenyan courts have also long recognised customary trusts that arise from family arrangements , for example, where title is registered in one person’s name but the family holds the land for the benefit of the wider family. Under the former Registered Land Act, registration was treated as conferring a strong title, yet the courts still recognised such trusts despite the register. That approach continues under the current land registration framework.
How is trust land transferred and registered?
Where trustees are incorporated under the Trustees (Perpetual Succession) Act, land is held in the corporate name of the trustees, which survives changes in the individuals involved. Transfers are effected through registered conveyances, and certain transactions , agricultural land is a common example , require the relevant statutory consent before transfer. Where an individual is registered but holds on trust for others, it is prudent to formalise the position in a written instrument rather than rely on family understanding.
What problems arise, and how are they resolved?
- A registered owner sells land the family regarded as held in trust, prompting claims by beneficial owners.
- Succession disputes over whether property was personal or family property held on trust.
- Trustees selling or leasing without the consent or knowledge of beneficiaries.
Courts can declare trusts, restrain dealings, and set aside transactions, but litigation is slow and costly compared with clear documentation at the start. Our real estate and conveyancing team acts in transfers to trustees and related consents, and our contract law practice drafts the instruments that record family arrangements. Relevant legislation can be consulted on Kenya Law.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.