Not indefeasible anymore: How the government makes a mockery of article 40, 47 and the indefeasibility principle

Abstract

Land is an emotive subject in Kenya. The 2010 constitution provides for an entire chapter on land. Whereas land grabbing is not protected by the constitution, the power to determine the lawfulness of title deeds does not lie in the executive. The practice has however been different in Kenya, the cabinet secretary has gone ahead and declared title deeds unlawful in roadside declarations. In this paper I argue that the constitution enshrines the right to a fair administrative action and legitimate expectation which demands for procedural fairness. The government cannot be allowed to behave like a stray dog and change its policies abruptly without giving a reasonable