1. Transfer by Death

Property can be transferred to another party when the owner of the said property dies whether testate (with a will) or intestate (without a will). In testacy, the property will pass to the person named in the deceased’s will while in intestacy, the property will pass to his dependants or escheat to the state if he left no dependants.

2. Adverse Possession

According to the Limitation of Actions Act one cannot bring an action for recovery of land against an adverse possessor after 12years have lapsed. An adverse possessor therefore has to be:

3. Bankruptcy/Liquidation

In liquidation of a company, once an adjudication order is granted, an official receiver is placed in control of any property that was owned by the company. In the case of bankruptcy, once a person is adjudged bankrupt, a trustee in bankruptcy shall be registered as the proprietor of any property owned by the person adjudged bankrupt.

4. Compulsory Acquisition

The state holds property in trust for the people of Kenya and according to Article 40 of the Constitution, every person has a right to own property and the state shall not deprive any citizen of such right. However, the state can acquire property compulsorily for public interest, for example land acquired by the government to build the standard gauge railway (SGR). In such situations, the state is obligated to compensate the owners of the land if such property was acquired form a private individual or entity.

5. Court Ordered Transfer

Immovable property of a judgment debtor can be seized when executing a court decree for payment of debts owed to the decree holder. This is usually done by way of auction. thereafter, any proceeds are deposited in court and paid out to the decree holder.