In Harcharan Singh Sehmi & Another v. Tarabana Company Ltd & Others, SC Petition No.E033 of 2023, the Supreme Court of Kenya delivered a landmark decision affirming that the doctrine of bona fide purchaser cannot cure the illegality of a defective root title. The matter revolved around leasehold land in Ngara, Nairobi, initially allocated to the Sehmis in 1968.Despite their timely application for lease renewal prior to the lease’s expiry in 2001, the land was irregularly reallocated in 2009 to a third party and ultimately sold to Tarabana Co. Ltd.
The Sehmis’ continued occupation, coupled with formal communication seeking lease extension, formed the crux of their legitimate expectation. The court found that the National Land Commission and the Chief Land Registrar had failed to act within the bounds of fair administrative action by not processing or communicating on the renewal request. Consequently, the subsequent eviction of the Sehmis in 2014 and the registration of a new title to Tarabana were deemed unlawful.
The Supreme Court held that:
- A certificate of title is not absolute proof of ownership where the root title was acquired unlawfully;
- Legitimate expectation arises when procedural steps toward renewal are taken and ignored by authorities;
- Due diligence must extend to verifying the legal history of the land, not merely inspecting the title.
This decision reinforces the principle that public land must be administered fairly, transparently, and in accordance with constitutional values. For property buyers and investors, the case is a cautionary tale: registration does not guarantee immunity from scrutiny where the foundation is defective.