A recent Kenyan court ruling has significantly redefined land ownership, asserting that a title deed alone does not guarantee security if the land was initially public property illegally allocated. This decision stems from a case involving land in Mombasa originally designated for a public road reserve.

• The court ruled that registration cannot legitimize an illegal allocation, even if registered owners built on the land and possessed what appeared to be valid title deeds.
• The anti-corruption authorities challenged the ownership, arguing the land remained public, highlighting that no government officer had authority to allocate it without proper processes.
• The judgment serves as a warning for those holding land on former road reserves, riparian land, or utility corridors, emphasizing that reclamation is possible even decades after registration, and due diligence must extend beyond the Lands Registry.