Conned by men of cloth: Importance of proper due diligence in land transactions

Conned by men of cloth: Importance of proper due diligence in land transactions

Conned by men of cloth: Importance of proper due diligence in land transactions
“God has remembered his people”, a statement that has resulted in billions of losses for a congregation.

As a purchaser, how do you conduct proper due diligence before purchasing land? Are there certain persons in your life who you would irrevocably trust in their word without proper due diligence in matters to do with purchase of land and property?

The Daily Nation of Monday, 22nd September 2025 featured an article titled ‘From blessing to tears: Faithful conned in multibillion land deal’ authored by Simon Ciuri. The article detailed how a congregation was duped into buying land that was fraudulently acquired and dubbed as the Imani Estate project (the Project). The congregation in being sold the too sweet a deal by its Bishops, were informed that God has remembered his people as an explanation to the low selling price of the land. As a good Christian, one would have little to no doubts about the authenticity of utterances made by church leaders due to their position in church. During Sunday services, the congregation were urged to make purchases that resulted in thousands of them buying portions of the land in the project and building their homes (some through financing).

However, via a judgment delivered by Hon. Justice Oguttu Mboya on 10th July 2025, the court ruled that the property had been sold irregularly violating existing court orders that restrained any dealings on the property as it was subject to a succession dispute. As a result, the sales were declared illegal, null and void and the Chief Land Registrar was ordered to cancel all titles originating from the sales in the project. Many purchasers of the project from the church have been left in shock and disbelief as their investments have gone down the drain with some still servicing loans for developing on the land.

Such an unfortunate series of events emphasizes on the importance of proper and independent due diligence required in land transactions in Kenya. One should always take the initiative to carry out proper due diligence on a property before making a purchase as this would help them make an informed decision. How then, can one carry out due diligence? We detail the steps below:

  1. Official search at the Land Registry – this entails carrying out either a manual search at the Ministry of Lands or an online search on Ardhisasa (now limited for properties in Nairobi) in order to determine the legitimate owner of the property and, whether there are any encumbrances such as charges, caveats or cautions.
  2. Physical site visit– A site visit is where one goes physically to where the property is located. More often than not, one is accompanied by a surveyor to help determine the size of the land, the boundaries of the land, whether there are easements and/or beacons on the land.
  3. Review of the Ndung’u Report – The Ndung’u Report is a 2004 Report of the Commission of inquiry into the illegal allocation of public land. The Report, in its various volumes, identifies public land that was illegally and irregularly allocated. It is important to carry out a search on this report to ensure that the land one is interested in purchasing is not listed as this will help avoid purchasing land that bears risk of revoked ownership due to the underlying illegality/irregularity. It is important to also check various Gazette Notices that have subsequently been issued, and which an Advocate can help you peruse.
  4. Search at the Court’s Registry – Carrying out a search on the property helps to ascertain whether the property has been the subject of litigation, or litigation history, if any.
  5. County government offices search – A search at the county government offices helps one to establish the zoning and land use regulations applicable to the land. In addition, the outstanding land rates and land rents can be determined to confirm compliance.
  6. Search at relevant government agencies – Depending on where the land is located, it is advisable to carry out searches at adjacent government agencies e.g. Where the land borders Kenya Railways Corporation, one would carry out a search to ensure the land has not been reserved by the government. Similarly for Kenya National Highway Authority, Kenya Forest Service, Kenya Uran Roads Authority and other related agencies such as the Business Registration Services.

And more importantly, always ensure you engage professionals such as lawyers, surveyors in land transactions to ensure the transaction is carried out efficiently, professionally and with the proper steps and procedures followed. This will help reduce the risk involved in purchasing of land and property.