When most Kenyans think about property, they think about land. Title deeds, boundary disputes and real estate dominate public conversation. But for many individuals and businesses, the most valuable assets they own are not pieces of land they are movable property.
Your car. Your shop stock. Your boda boda. Your livestock. Your laptop. Your machinery.
All of these are legally classified as movable property, and the law provides important protections for them.
What Is Movable Property?
Movable property refers to items that can be moved from one place to another without damaging land or buildings. This includes motor vehicles, electronics, furniture, livestock, equipment, inventory, and even intangible assets such as shares or money in bank accounts.
Unlike land (known as immovable property), movable assets change hands quickly, are easier to sell, and are often central to business operations.
For many Kenyans especially small traders and entrepreneurs, movable property represents their primary source of wealth.
The Rights You Have
If you legally own movable property in Kenya, you have the right to:
- Possess it
- Use it
- Sell or transfer it
- Stop others from interfering with it
If someone unlawfully takes or damages your property, you can take legal action. Kenyan civil law allows you to sue for recovery or compensation. Criminal law also protects movable property through offences such as theft, fraud, and robbery.
In short, movable property is not “lesser property.” It is legally protected.
Using Movable Property as Collateral
One of the most significant legal developments in recent years was the enactment of the Movable Property Security Rights Act, 2017.
Before this law, accessing loans in Kenya often required land as security. This locked out many small businesses and informal traders who did not own title deeds.
Today, movable assets can be used as collateral.
This means a business owner can pledge:
- A motor vehicle
- Shop inventory
- Machinery
- Livestock
- Accounts receivable
to secure a loan.
The law also established a national electronic Collateral Registry, where lenders register their security interests. This protects both lenders and borrowers by reducing fraud and preventing multiple loans being secured against the same asset.
For small and medium enterprises, this reform has been transformative. It expands access to credit and encourages entrepreneurship.
When Things Go Wrong
Movable property disputes are common. They often arise from:
- Informal transactions without written agreements
- Double-selling of vehicles
- Fraudulent transfers
- Loan defaults
If you use your movable property as loan security and fail to repay, the lender may repossess it but only by following legal procedures. Borrowers are entitled to notice and fair treatment. If the asset is sold for more than the debt owed, the excess should be returned to the borrower.
Why This Matters for Everyday Kenyans
Movable property law is not just for lawyers. It affects:
- Boda boda operators
- Farmers
- Market traders
- Shop owners
- Professionals
- Students
In fact, in a modern economy, movable assets are often more economically active than land. A delivery vehicle generates daily income. Shop inventory fuels business growth. Livestock sustains rural livelihoods.
Strong movable property protections build economic confidence. They allow people to invest, borrow, and trade with greater certainty.
The Bottom Line
Movable property rights in Kenya are legally protected, commercially significant, and increasingly central to economic development.
Whether you are buying a car, running a small shop, or taking a loan against business equipment, understanding how the law protects movable property can help you avoid costly disputes and make informed financial decisions.
Property is not only about land. For many Kenyans, the most powerful assets they own are the ones that move.