Lawyer Dunstan Omari speaking at the ICPAK Conference, engaged in speculative and poorly verified property transactions, saying most people are unknowingly buying what he termed as “hot air” instead of legally protected assets.
Speaking during a public engagement associated with the Institute of Certified Public Accountants of Kenya (ICPAK), Omari said many buyers, sellers, and even professionals risk losing money due to ignorance of land ownership laws and reliance on misleading documents.
He said the concept of property has evolved over time, from traditional measures such as livestock and family wealth to modern land and real estate systems, but warned that legal systems have not fully caught up with the complexity of property transactions.
“90% of what people are buying is hot air,” Omari said, arguing that many Kenyans mistake documents for ownership.
The lawyer dismissed sale agreements, allotment letters, and share certificates as insufficient proof of ownership, describing them as transactional or misleading instruments that do not confer legal title.
He further stated that even title deeds are not always conclusive proof of ownership, insisting that the real authority lies in historical land records maintained at the land registry.
According to him, buyers should conduct full historical searches and obtain certified copies of green cards to verify the chain of ownership and detect fraudulent transfers.
Omari also raised concerns about inconsistencies in land registry records, warning that multiple versions of green cards may exist for the same parcel of land, creating room for fraud and disputes.
On leasehold property, he cautioned buyers to carefully check the remaining lease period, noting that some properties are sold with leases nearing expiry without disclosure to buyers.
“You may think you have 80 years remaining, only to discover the lease expires in a few years,” he warned.
The lawyer further highlighted risks associated with sectional properties, saying many apartment developments rely on mother titles that are often charged to banks as security for loans used in construction.
He advised buyers to confirm the status of mother titles before purchasing apartments, warning that failure to do so could result in loss of investment.
Omari also addressed succession matters, saying property belonging to deceased persons cannot legally be sold before succession is completed and grants confirmed by court.
He cautioned against buying land from relatives of deceased persons without legal authority, stating such transactions are often unenforceable.
The advocate emphasized the importance of estate planning, urging Kenyans to consider trusts as a more secure method of transferring wealth compared to traditional wills, which he said are increasingly being challenged in courts.
He also noted that under Kenyan law, daughters are entitled to equal inheritance rights regardless of marital status.
In his remarks, Omari further warned that unclaimed assets, including mobile money balances, often end up with the Unclaimed Financial Assets Authority when owners die without proper succession arrangements.
He concluded by urging Kenyans to embrace lawful ownership structures, stressing that only property recognized and protected by law can be considered genuine property, while speculative holdings amount to “nostalgic possessions” with no legal security.
