The Environment and Land Court has outlined the evidence considered when challenging a property transfer on grounds of fraud, noting that simply making an allegation is not enough to prove a case.
The court held that fraud must be specifically pleaded and strictly proved, with the required standard being higher than a balance of probabilities but lower than proof beyond reasonable doubt.
The ruling followed a dispute in which a landowner claimed that his property had been transferred without his knowledge or consent after he was allegedly asked to sign documents for another purpose.
The court found that the allegations had been sufficiently set out in the pleadings, giving the accused an opportunity to understand the claims and respond to them.
The court also noted that the claimant had explained how the alleged fraud was carried out rather than simply stating that the transfer was fraudulent.
Another key piece of evidence was the original title deed, which remained in the landowner’s possession even after the disputed transfer had been made.
The court also considered forensic evidence on the signature used in the transfer documents, with the examiner finding that it did not match the genuine signature.
Evidence from a fingerprint officer was also presented, although the fingerprint was found to be unclear and could not be verified through comparison.
Further, the court said the evidence had to be considered as a whole, finding that the circumstances surrounding the transfer supported the conclusion that the property had been fraudulently transferred.
The ruling also rejected the argument that the case should fail because the pleadings did not follow a particular format, finding that they sufficiently set out the alleged acts and omissions.
The decision offers an important lesson to landowners who suspect that their property has been transferred without their knowledge: they must clearly identify the alleged fraudulent acts and support their claims with evidence that can withstand scrutiny in court.
The ruling also showed that documents, original title records, forensic examination and the circumstances surrounding a transaction can all be important when determining whether a land transfer was fraudulent.
- by Diana Imanene on Monday, 5 October 2026 – 9:26 am
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Source: Kenyans.co.ke (Kenya)
