Cautions, Restrictions and Inhibitions: Secure your Land Rights in Kenya
Article 40 of the Constitution of Kenya guarantees every person the right to acquire and own property, including land, and protects against arbitrary deprivation of such property. However, land in Kenya often becomes the subject of disputes, fraud, and competing claims, which may compromise the enjoyment of this constitutional right. To address such risks, the Land Registration Act, No. 3 of 2012 (“LRA”) and the Land Registration (General) Regulations, 2017 provide three protective mechanisms: cautions, restrictions, and inhibition that operate as legal safeguards against unlawful or fraudulent dealings in land.
This legal alert outlines the nature, process, and effect of each mechanism, with reference to the LRA and accompanying Regulations, while drawing a clear distinction among them.