Common questions on buying property and land in Kenya, answered for purchasers and investors.
An official search against the title number — through Ardhisasa where the registry is digitised, or manually where it is not. The search confirms the registered proprietor and reveals registered encumbrances such as charges, caveats and cautions. Never pay a deposit before it is done, and confirm the name on the title matches the seller’s ID exactly.
No. Under section 28 of the Land Registration Act certain overriding interests — spousal occupation rights, certain leases, easements and the rights of persons in actual occupation — can bind a buyer even though they do not appear on the register. A physical site visit and inquiry into who is in occupation are essential alongside the search.
Confirm the title and the seller’s identity; establish freehold or leasehold tenure (and, if leasehold, the unexpired term and conditions); visit the site and verify boundaries; obtain land rent and rates clearance; check zoning and permitted user with the county; and, where the seller is a company, obtain a current CR12 and a board resolution authorising the sale. Where someone signs under a power of attorney, verify it is registered and unrevoked.
Where the property is matrimonial property, written spousal consent is required, and its absence can unravel even a completed transaction. Confirm marital status and obtain consent early.
The main cost is stamp duty — 4% of the value for urban or municipal property and 2% for rural property — assessed on a Government valuation and paid to the KRA. Add legal fees, generally around 1% to 2% under the Advocates (Remuneration) Order, plus search, valuation, clearance and registration fees.
Freehold is ownership without a time limit. Leasehold is ownership for a fixed term — commonly 50 or 99 years — after which it must be renewed, and it usually carries land rent and user conditions. Many urban properties, including apartments, are leasehold, so always check the unexpired term.
Yes. Foreigners, including Americans and other non-citizens, can buy property in Kenya, including in Nairobi, Mombasa and elsewhere in the country, but only on a leasehold basis of up to 99 years — freehold titles are reserved for Kenyan citizens. A foreigner can also hold property through a company, but the citizenship of the company’s ownership is looked through for land-holding purposes. Agricultural land carries additional restrictions for non-citizens under the Land Control Act, so foreign buyers should confirm the land classification and any consent requirements before committing to a purchase.
For agricultural land, yes — and under the Land Control Act it must be obtained within six months of the agreement, failing which the transaction is void, not merely delayed. Other consents (for example, to transfer a Government or county lease) may also apply.
After due diligence and a signed sale agreement, the parties obtain consents and clearances, a Government valuation is carried out, the buyer pays stamp duty, the transfer is executed and franked, and the completion documents are lodged at the Land Registry. On registration a new title issues in the buyer’s name. A typical transaction takes about 30 to 90 days.
Only when the transfer is registered and the title is in your name. Paying the full price does not make you the owner until registration is complete — so confirm with a fresh search afterwards.
Fake titles, a “seller” who is not the registered owner, double sales of the same parcel, and forged consents or powers of attorney. The defences are the same every time: an official search, verifying the seller’s identity and authority, a site visit, and routing the deposit through an advocate rather than paying the seller directly.
Conveyancing involves searches, drafting, consents, tax and registration, each with its own failure points. An advocate confirms the title is clean, the seller has authority, the documents are correct and the money is protected — which is far cheaper than unwinding a flawed purchase or litigating a fraud.
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Our real estate team advises purchasers on searches, due diligence, sale agreements and the safe transfer of property in Kenya.
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Disclaimer: This article has been prepared for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute a lawyer-client relationship. Nothing in this article is intended to guarantee, warranty, or predict the outcome of a particular case and should not be construed as such a guarantee, warranty, or prediction. The authors are not responsible for any actions (or lack thereof) taken as a result of relying on or in any way using information contained in this article and in no event shall be liable for any damages resulting from reliance on or use of this information. Readers should take specific advice from a qualified professional when dealing with specific situations.
