Supreme Court’s Daniel Arap Moi land ruling sends banks, buyers into a panic
Banks holding thousands of title deeds as collateral for loans have been thrown into a panic after a landmark Supreme Court ruling that handed back to the public a parcel of land that had changed hands several times from the late President Daniel arap Moi since 1989. The country’s apex court in April said not even the passage of over 30 years could stop grabbed public land that had undergone multiple successions in private hands reverting back to the public. The ruling, which also raised the bar on the level of due diligence required from buyers and the need to comply with the land acquisition process, looks set to impact banks holding such title deeds as securities for loans worth billions of shillings. The bench of five judges of the Supreme Court said the land in Mombasa having beenirregularly obtained by Mr Moi meant the former President, now deceased, could not pass any valid title deed to any subsequent buyer and that all other successions that followed were illegal. “Essentially, the Supreme Court is placing the burden of searching the entire history of the land on the buyer,” said Kimani Njane, a corporate and commercial lawyer who is also a…