Money has changed hands, the boundaries were shown on the ground, and everyone shook hands on the deal. Years later the seller denies the sale, or offers the same land to someone else. Oral land sale agreements remain common in parts of Kenya, and buyers and sellers regularly ask whether a deal concluded without a written contract can actually be enforced.
What does the law require for a contract over land?
Under the Law of Contract Act, no suit may be brought on a contract for the disposition of an interest in land unless the agreement, or some note or memorandum of it, is in writing and signed by the party to be charged. An oral arrangement for the sale of a registered parcel of land therefore sits on unstable ground. The Act can be consulted through Kenya Law, and parties should treat its formalities as part of the transaction itself rather than an afterthought to be fixed later if a dispute arises.
Do courts ever recognise oral land sales?
Courts have developed limited exceptions, notably where a buyer has paid the price and taken possession in reliance on the agreement, but relief of that kind is discretionary and turns heavily on the facts. Relying on an exception is a poor substitute for a signed agreement. Parties who proceed orally also forfeit the protections a written contract provides: agreed completion dates, conditions precedent, the allocation of rates and taxes between the parties, and consequences for default that can be enforced without argument about what was said.
What should buyers and sellers do instead?
- Insist on a written sale agreement signed by all parties before any substantial payment is made.
- Record the payment history and keep receipts, even where the balance is settled in stages.
- Confirm ownership through an official search before signing, not after.
- Take professional advice where the land is agricultural, family-owned or subject to a succession cause.
Where a dispute over an oral sale has already arisen, the position should be assessed promptly, since delay can complicate both the claim and the available remedy. The firm drafts and reviews sale agreements as part of its contract practice and handles land transactions through its conveyancing team in Nairobi, where disputed informal sales are a recurring instruction.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.