Legal experts are reassuring parents who want to secure their children’s future through property ownership that Kenyan land law offers strong protections for vulnerable groups and minors.

Led by Kenyan lawyer Danstan Omari, the Land Registration Act (Cap. 300) guarantees that land registered in the name of a person under the age of eighteen is protected from misuse.

According to Omari, Section 47 requires children under 18 to be registered as landowners only through a trustee, with automatic restrictions that prevent any misuse or unauthorized sale.

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“A child under the age of eighteen cannot be registered as the direct proprietor of land,” Omari explained, adding that instead, their interest must be held in trust and the registration is made under the name of a guardian or trustee.

He further discussed how Section 49 governs land gifts to minors or incapacitated people, and how guardianship applies to people with physical or mental disabilities.

According to Omari, the law’s protective framework extends beyond minors to other vulnerable individuals. Section 49 covers land gifts to individuals who have a “legal incapacity,” such as those with physical or mental disabilities.

“The law recognizes that persons with disabilities, like minors, may not have the capacity to manage their own property immediately,” Mr. Omari pointed out.

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He added, “Guardianship is the operative principle here, ensuring their interests are managed responsibly.”

The law allows for the person to repudiate the gift within six months of ceasing to be under a legal incapacity, if the gift was acquired by way of a gratuitous transfer.

Omari also described how Section 56 controls the registration of a “charge,” the legal term for a mortgage or loan secured against land by financial institutions like banks.

Omari further clarified the process concerning property that is financially encumbered by detailing how Section 56 governs the registration of a ‘charge’, the legal term for a mortgage or loan secured against land by financial institutions like banks.

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“When a bank registers a charge over a piece of land, that property is essentially held as security,” he noted. “The law is unequivocally clear: a property that is under charge cannot be sold or disposed of until the loan is fully and finally cleared.”

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Milimani Law Court structure for illustration purposes. PHOTO/NA