What Kenyan courts actually require before family land becomes your land
By Valarie ibalai There is a version of this story you have probably heard at every family gathering. A father moves land into an older sibling's name maybe because the younger one is still a minor, maybe just to keep things simple with the understanding that it will eventually pass down. Everyone grows up believing it is settled. Then the sibling holding the title refuses to transfer it or passes away and their spouse wants the rest of the family off the land. The advice that circulates at this point is always some version of the same thing: get a lawyer and get them to argue customary trust. It does not work like that, what most people call “customary trust” in conversation is actually two different legal claims wearing the same name and Kenyan courts do not treat them the same way. Two different trusts, often confused Classic customary trust is about ancestral land. A clan or family held land communally under African customary law before it was ever registered to an ...