Land sold to two buyers: what the law says
Land Registration Act, 2012 and Law of Contract Act · sources read 4 Oct 2026
Registration, not the sale agreement, makes someone the owner: the person registered as proprietor gets absolute ownership, and that title can be challenged only for fraud or misrepresentation they were part of, or if it was acquired illegally, unprocedurally or corruptly. A buyer left out can lodge a caution and take the dispute to the Environment and Land Court.
- Fee
- KSh 1,000Lodging a caution
- Where
- Cautions: the land registry or Ardhisasa (ardhisasa.lands.go.ke). Disputes: the Environment and Land Court.
What you need
- Your written sale agreement, signed by all parties
- For a caution: caution form, ID or passport copy, KRA PIN certificate, 2 passport photos, proof of your claim
Steps
- Lodge a caution on the land so no transfer or charge can go through without your consent.
- Take the dispute to the Environment and Land Court, which hears cases on land sale contracts.
- If the other buyer's registration was obtained by fraud or mistake, the court can cancel or amend it.
Watch out
- The court will not correct the register against a registered owner who did not know of, cause or contribute to the fraud or mistake.
- You cannot sue on a land sale deal that was not in writing, signed by all parties and witnessed.
- A caution is not permanent: the court or the Registrar can order it removed.
- The Land Act says the same: without a written agreement signed by every party, with each signature witnessed at the time, you may not be able to sue on the sale.
Who this covers
- Buyers who claim a contractual right to get an interest in the land.
Official sources (5)
- Land Registration Act, 2012 (No. 3 of 2012) new.kenyalaw.org · read 2 Oct 2026
- Law of Contract Act (Cap. 23) new.kenyalaw.org · read 2 Oct 2026
- Environment and Land Court judiciary.go.ke · read 2 Oct 2026
- Lodging & Withdrawal of Cautions lands.go.ke · read 2 Oct 2026
- The Land Act, No. 6 of 2012 (Revised Edition 2019) landcommission.go.ke · read 4 Oct 2026