This archive report was first published on 20 November 2019.
On November 20, 2019, a concerned citizen reached out to the Nyakundi Report for guidance on a complex issue involving a sale agreement for a plot of land in Kenya.
The citizen, who wishes to remain anonymous, explained that their rural home is a prime location near Nairobi, with their family land registered in their mother's name.
In 2013, the citizen sold an 18 feet by 70 feet parcel for Sh 170,000, part of their inheritance. The sale agreement, signed by both the citizen and their mother, included a 1000 per cent fine in case of default.
However, the buyer claimed the plot was too small and, despite the citizen adding another 18 feet by 70 feet, the buyer remained unsatisfied and even incited the citizen's brother to go against them.
The brother, without the citizen's or mother's consent, added another 18 feet by 70 feet using a different lawyer.
The citizen is now seeking to reverse the sale agreement and refund the buyer, but is concerned about the 1000 per cent fine. They pray for a peaceful resolution to the matter.
Our expert, Eric Mukoya, Executive Director of the Legal Resources Foundation Trust, weighed in on the situation, highlighting two key issues: the acquisition of private land in Kenya and the necessary legal instruments for such a process.
He noted that the Land Control Board decides what constitutes the smallest parcel that can have title, and that there is no law to determine minimum or maximum land ownership by an individual.
However, the Cabinet secretary in charge of land has powers to determine economic viability of minimum or maximum acreage that a person can possess.
Eric Mukoya also emphasized the importance of a contract in land acquisition, pointing out that a sale agreement must be in writing, signed by both parties, and witnessed by at least two people.
He concluded that the contract in question is invalid, as the parties involved do not qualify to undertake the purported transaction.
Three possible scenarios portend: a competent court declaring the contract invalid and unenforceable, an adjudicating body ordering the citizen to refund the 170,000 plus interest accrued, or both parties referred to mediation through a court-annexed mediation process.
