Wangari v ABSa Bank Kenya Plc (Environment and Land Case E453 of 2025) [2026] KEELC 2467 (KLR)

Section 87 of the Land Act requires chargee consent for dealings specified in the charge, protecting the chargee's ability to recover the secured debt. The proposed transaction would have paid only part of the purchase price directly to the Defendant, with the balance held by advocates, exposing the Defendant to commercial risk and conflicting with the charge's contractual terms. Compelling consent would effectively rewrite the contract, which courts cannot do. The refusal therefore was not a clog on the equity of redemption, whose exercise requires full settlement of secured monies.

Section 89 of the Land Act protects the chargor's right of redemption from clogging, but the right is not absolute and can only be exercised after all secured monies, interest and obligations are paid, consistent with Section 85. Since the outstanding debt remained disputed and unpaid, the chargee was entitled to retain its security, and the refusal to consent to a partial-payment structure was lawful rather than a clog or fetter on redemption.