WWK Advocates

23/02/2026

Living in a home for 17 years does not, in itself, make it legally yours.

That is the reality recently reaffirmed by the Court of Appeal — a position that many spouses may find difficult, and even unsettling, to confront.

In a recent decision, a long-occupied family home was sold without one spouse’s consent. The emotional investment was undeniable. The years spent there were real. The family life built within those walls was unquestionable. Yet when the matter came before the Court, sentiment alone could not determine ownership.

The judges returned to first principles: legal ownership is not created by assumption, sacrifice, or long residence. It is established through evidence.

So what amounts to proof? What does not? And what does this mean for third parties who purchase property in good faith?

If you believe that marriage, by itself, automatically secures your interest in a home, this decision challenges that assumption. In law, contribution must be demonstrated and substantiated. Love may build a home — but it does not, on its own, create legal ownership.

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03/01/2026

Off-plan “early bird” property arrangements effectively constitute unsecured lending to developers and expose purchasers to substantial risk. The Kenyan real estate market has recorded numerous instances of buyers losing deposit funds paid directly to developers prior to project completion.

In standard conveyancing practice, purchaser funds should only be released upon successful completion and registration of the property in the purchaser’s name, or, where financing is involved, upon registration of the charge. Any advance payments ought to be secured through a jointly controlled escrow account or by way of a bank-issued conditional payment guarantee, redeemable only upon satisfaction of agreed completion conditions.

During the construction phase, developers should rely on their own financing, with early commitments serving solely as evidence of demand to facilitate project funding. Any arrangement requiring direct payment to a developer prior to completion exposes purchasers to avoidable project risk and should be avoided, as such payments amount to unsecured loans to the developer.