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For decades, Kenyan courts have affirmed that registration, while conferring legal ownership, does not necessarily extinguish equitable interests arising from overriding interests including trusts. However beneath this apparent doctrinal clarity lies an increasingly delicate tension between certainty of title and the demands of equity. The Court of Appeal’s early pronouncements in Mbothu v Waitimu and […]

In a recent decision by the constitutional court sitting in Nairobi, the court reaffirmed the centrality of fair administrative action and the doctrine of legitimate expectation in academic institutions. The case of Nyambura Kimani v Kenyatta University & Dr. Linda Kimencu centered on the university’s refusal to release a student’s Continuous Assessment Tests (CAT’s) results […]