Ask one question before you talk price on a plot in one of the Kajiado group ranches: what exactly does this seller hold?
There are three common answers. The member may have an individual title from a ranch that has already been subdivided. The member may hold a share or an allocation in a ranch that has not finished subdividing. Or the land may still be held by the group, which now falls under the Community Land Act. Only the first is a plot you can buy and register in your name in the usual way. The other two need very different handling, and some of them cannot lawfully be sold to an outsider at all.
Why Kajiado group ranches keep catching buyers
Kajiado's group ranches were set up under the Land (Group Representatives) Act, which is now repealed. Many have since been subdivided, with members receiving individual titles. Others are part way through, with members holding shares or allotment letters while the survey and registration work goes on. Members sell before the process is done because they need money now, and buyers in Nairobi or abroad want land within reach of Nairobi at a price that makes sense.
On a site visit the two look the same. There are beacons, a seller, a chairman who confirms the seller is a member, sometimes a "share certificate". What the buyer is getting is not the same at all.
If the member has an individual title
This is the simplest case. The ranch has been dissolved or subdivided and the plot has its own title under the Land Registration Act. Section 26 of that Act says a certificate of title is prima facie evidence that the person named is the absolute owner, and can only be challenged for fraud or misrepresentation the owner was party to, or where it was acquired illegally, unprocedurally or through a corrupt scheme.
That last part is why you still do the work:
- Run an official search and check the owner's name, the size and any restrictions or cautions.
- Trace the history. Ask your advocate to look at the green card or parcel file back to the ranch's mother title. A title with no traceable history from the ranch is a warning sign.
- Get Land Control Board consent. If the land is agricultural and in a land control area, the Land Control Act says a sale is void unless the local land control board consents, and the application must be made within six months of the agreement.
- Have a surveyor confirm the beacons against the registry index map.
If the member holds a share in an unsubdivided ranch
Here the member owns a stake in the whole ranch, not a defined plot. The plot you were walked around has not yet been surveyed and registered in anyone's name.
The Community Land Act changed this. Section 47 says land held by group representatives under the old law must be registered as community land, and until it is, it "shall not be sold, leased or converted to private land". Title documents issued to group representatives stay in force until new titles are issued in the name of the registered community.
So a sale agreement for a piece of an unregistered group ranch is a promise, not a purchase. You would be paying for the hope that the subdivision happens, that the member's share is recognised, that the share comes out as the piece you saw, and that the member then transfers it to you.
If the ranch is now registered community land
Once a ranch is registered as community land, members can be allocated land for exclusive use under section 27. Three rules in that section matter to an outside buyer:
- a separate title is not issued for that allocation
- the member's entitlement is not superior to the community's title
- the member may not assign or lease the land to someone who is not a member of the community
Section 31 adds that a customary land right can be dealt with only with the approval of the registered community at a meeting called for that purpose. Land can move out of community ownership into private hands through section 23, by transfer or allocation approved by the community. That is a community decision, not a deal between you and one member.
A case from Il Damat
Christopher Lempaka Matayian v John Ole Waupi Kobaai & 4 others, decided by the Environment and Land Court at Kajiado on 26 September 2018, shows how long these disputes can run even when buyers do things roughly right.
The plaintiff held shares in Oloyiankalani Group Ranch. In 1995 and 1997 he signed sale agreements with buyers, and ranch officials signed transfers on his behalf, which led to subdivisions of the ranch title. In 2013 he sued, claiming fraud and asking for the buyers' titles to be cancelled. The Land Registrar told the court there were irregularities in the registration records but no fraud. The judge found the buyers were purchasers for value without notice, relied on section 80 of the Land Registration Act, and declined to cancel their titles.
The buyers kept their land. It took 23 years from the first sale agreement to a judgment.
When to walk away
- The seller cannot show either an individual title or a clear written record of their ranch membership and share.
- The ranch has not been registered under the Community Land Act and the seller says that "doesn't matter".
- The chairman or officials will confirm the sale verbally but will not give minutes or a letter.
- The plot's boundaries depend on a subdivision plan that has not been approved.
- You are asked to pay the full price before a search, or into a personal account.
Doing this from abroad
Kajiado is close enough to Nairobi that a relative can do the site visit in a day. The paperwork is the part that protects you. Instruct your own advocate, not one the seller suggests. Ask for the search, the green card, the ranch minutes and the membership register extract to be sent to you directly. Pay the deposit to your advocate, not to the seller, until the advocate confirms what is being transferred.
Questions people ask
Can I buy land directly from a group ranch member in Kajiado? If the member has an individual registered title, yes, with the usual checks and Land Control Board consent where it applies. If the land is still held by the group, the Community Land Act says it cannot be sold before registration as community land.
What is a group ranch share certificate worth? It is evidence of membership and an interest in the whole ranch. It is not a title to a specific plot.
Can a non-member get title to community land? Not through a member's private allocation, which section 27 says cannot be assigned to a non-member. Community land can be converted to private land only through a process the community approves.
What happens to Kajiado group ranches that have not finished subdividing? We do not know of a single public list that tracks every ranch's status. Your advocate and the county land registry are the people to ask about a particular ranch.
Where Karibu fits
Karibu checks title records, agent licences on the EARB register and asking prices by area. If you are weighing a Kajiado plot, ask bRRAIn, our property research assistant, what to look for on the title and what similar plots nearby are asking.
Ask the seller for the title number on the first call. If there is not one, ask which ranch, and start there.
Sources: Community Land Act, 2016 (standing law, sections 23, 27, 31 and 47). Land Registration Act, 2012 (standing law, sections 26 and 80). Land Control Act, Cap. 302 (standing law, sections 6 and 8). Matayian v Kobaai & 4 others, Environment and Land Court at Kajiado, 26 September 2018. This article is general information, not legal advice. Speak to an advocate about your situation.