Prominent lawyers Gibson Kamau, Paul Muite, Ahmednasir Abdullahi, and Nelson Havi have expressed alarm over the increasing threats to property ownership in Kenya, citing rampant forgeries and questionable judicial rulings.
In a joint statement released on Friday, the advocates said they were overwhelmed by the growing number of cases involving disputes over property ownership.
“We are deeply concerned about the weakening rule of law, something we have never experienced at this scale before,” the lawyers said. “The threat to property titles is unprecedented due to widespread forgeries and the either corrupt or incompetent legitimization of such forgeries by the High Court and lower courts. No one’s title is secure anymore, and even banks holding titles as collateral are at risk.”
The lawyers warned that if legitimate titles continue to be invalidated, it could create widespread insecurity for property owners and financial institutions.
Their concerns come after Chief Justice Martha Koome agreed to a request from legal scholar PLO Lumumba to address corruption within the judiciary.
The advocates also criticized judicial officers for decisions that have allegedly enabled fraudsters to dispossess property owners of their rightful assets.
“We are overwhelmed by the number of cases where we assist clients in seeking remedies against illegal decisions,” they said. “Judicial officers, through corruption or incompetence, have delivered rulings that undermine the validity and purpose of title deeds, certificates of title, and other ownership documents.”
They called attention to courts upholding forged documents, effectively aiding criminals in seizing property, and urged immediate reforms to protect property ownership and restore public confidence in the judiciary.
There concerns come as pressure mount on current CJ Koome to resign for failing to address corruption in the judiciary.
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