A "legal loophole" known as adverse possession allows individuals in Kenya to claim ownership of land if they occupy it openly, exclusively, continuously, and without the owner's permission for at least 12 years.

• Under the Limitation of Actions (Cap 22), original landowners who fail to reclaim their property within this 12-year period lose their rights to the land.
• Lawyer Kipkoech Ng’etich clarified that this doctrine primarily applies to 'idle' land not actively used by the owner.
• To activate adverse possession, a claimant must gather evidence, engage a lawyer, file an Originating Summons (OS) in the Environment and Land Court, serve papers to the owner, attend court hearings, and obtain a new Title Deed.
• Landowners can prevent adverse possession by regularly inspecting land, marking boundaries, developing the land, keeping documents updated, and taking immediate legal action against encroachment.