Conveyancing in Kenya is the legal process of transferring property from a seller to a buyer safely. Done well, it protects the buyer from buying a defective or disputed title. Done badly, or skipped, it is how people lose money to fraud. This guide sets out the stages, the timeline, and the costs, so you know what to expect.
This guide is for buyers, sellers, developers and lenders in Kenyan property transactions, and for the diaspora buying from abroad. If you are buying land specifically, read it alongside our guide to buying land and title transfer in Kenya. If you are a non-citizen, see our guide to whether a foreigner can buy land in Kenya.
Land is Kenya’s most valuable and most disputed asset, and fraud is real. The conveyancing process therefore exists to make sure the person selling actually owns the property. It also confirms that the property is free of hidden charges, cautions or disputes. Finally, it ensures that ownership passes cleanly to the buyer and is recorded on the register. An advocate acts for you throughout, and the discipline of doing each step in order is what keeps a buyer safe.
The transaction moves through a settled sequence. However, the details vary between a simple residential purchase and a complex development. In each case, though, the shape is the same.
First, your advocate confirms the seller’s identity and conducts an official search on the title. The search, now handled through the Ardhisasa platform for many registries and at the registry for others, confirms the registered proprietor and reveals any charges, cautions or restrictions. In addition, this is the stage for a physical visit, confirmation of the parcel against the registry map, and checking for rate and rent arrears.
Once due diligence is clear, the parties sign a sale agreement, usually with a deposit of ten per cent. The agreement fixes the price, the completion period, and the conditions. In addition, it typically incorporates the Law Society conditions of sale. As a result, a well-drafted agreement protects the deposit and sets out what happens if either side fails to complete.
The seller provides the completion documents, including the executed transfer and clearance certificates for land rates and, for leasehold land, land rent. In addition, several consents may be needed: Land Control Board consent for agricultural land, any land board or county consent, and spousal consent where the property is a matrimonial home. Finally, buyer and seller each need a KRA PIN.
Next, the transfer is assessed for stamp duty. A government valuer values the property, and duty is charged on the higher of the price and the valuation, at four per cent in a city or municipality and two per cent elsewhere. Duty must then be paid within the statutory window. We cover this fully in our guide to stamp duty on property in Kenya.
Finally, the transfer is lodged for registration under the Land Registration Act, 2012, and the buyer is registered as the new proprietor. Registration is what actually passes legal ownership, so the transaction is not complete until it is done.
| Stage | What happens | Typical time |
|---|---|---|
| Due diligence and search | Confirm proprietor, charges, cautions, rates | Days |
| Sale agreement | Sign, pay ten per cent deposit | On completion of due diligence |
| Completion and consents | Clearances, Land Control Board and spousal consents | Two to eight weeks |
| Stamp duty | Valuation and payment | Within the statutory window |
| Registration | Lodge transfer, register the buyer | Days to weeks |
On fees, an advocate’s conveyancing charges are not a free market. Instead, they follow the scale set by the Advocates (Remuneration) Order, which fixes a minimum fee by reference to the value of the transaction. Moreover, undercutting the scale is not permitted. In addition to the advocate’s fee, budget for stamp duty, and for disbursements such as the search fee, the valuation fee, and the registration fee.
How long does conveyancing take in Kenya? Commonly around 60 to 90 days, though agricultural-land consent, clearances or a chain can extend it.
What is the most important step? The official search. It confirms who really owns the property and whether it carries charges or cautions.
How are advocates’ fees set? By the Advocates (Remuneration) Order scale, based on the value of the transaction, not by negotiation below the scale.
What taxes and costs apply? Stamp duty at four per cent or two per cent, plus search, valuation and registration disbursements. Capital gains tax applies to the seller.
Can I buy from abroad? Yes, through an advocate and a power of attorney, though documents signed abroad must be properly executed and legalised.
The costly mistakes are paying a deposit before the search is done, and relying on the seller’s copy of the title rather than an official search. For example, buyers of agricultural land sometimes miss that Land Control Board consent is needed, which leaves the sale void without it. Similarly, others overlook spousal consent for a matrimonial home, or treat the transaction as complete on payment rather than on registration. Finally, some assume registration passed automatically when the transfer was in fact never lodged.
A seller in a Kenyan conveyancing transaction is required to produce the original title document (whether a title deed, certificate of title or, for properties registered under the sectional properties regime, a certificate of share), a copy of their national identity card or passport, and — where the property is subject to a mortgage — a redemption statement from the lending institution confirming the outstanding balance and the conditions on which the lender will release the title on completion. Where the seller is a company, the relevant corporate authority documents (a board resolution authorising the sale and the execution of the transfer instrument) are also required, together with a certificate of incorporation and the company’s current PIN certificate from the Kenya Revenue Authority. Land rates clearance certificates from the relevant county government must be obtained to confirm that all land rates are paid up to date before the transfer can be registered.
On the buyer’s side, the principal requirements are proof of identity, a PIN certificate, and — where the purchase is being financed by a mortgage — the facility letter from the lending institution confirming the loan amount and conditions. The buyer’s conveyancing lawyer will conduct a formal official search at the land registry to confirm the seller’s ownership, to identify any cautions, inhibitions, charges or other encumbrances registered against the title, and to confirm the parcel number, area and registered user. In Nairobi, this search is now conducted through the Ardhisasa platform; in counties outside the Ardhisasa coverage area, the search is conducted at the relevant land registry in person. The search result — often called an official search certificate — is the fundamental due diligence document in any Kenyan conveyancing transaction and should be obtained before any binding agreement is executed.
In Kenya, conveyancing is a reserved legal activity that can only be carried out by an advocate of the High Court of Kenya who holds a current practising certificate issued by the Law Society of Kenya. There is no separate conveyancing practitioner class in the Kenyan legal system, so all licensed advocates are in principle qualified to handle property transactions. In practice, however, the depth of knowledge required to manage a complex transaction — particularly one involving development land, a leasehold title, a sectional property, or a property with a registered charge — means that experience in property law as a core discipline matters significantly. When selecting a conveyancing lawyer, ask whether the firm practises property law regularly, and whether the specific advocate handling your matter has experience with the relevant land registry and with the Ardhisasa platform for Nairobi properties.
Conveyancing fees in Kenya are not fixed by statute for all transaction types. For the registration of transfers, the Advocates Remuneration Order provides a scale based on the transaction value, but many firms negotiate fixed fees or adopt their own fee structures for more complex matters. Before instructing a conveyancing lawyer, obtain a written cost estimate that covers professional fees, disbursements (the costs the lawyer will incur on your behalf, including the official search fee, stamp duty, registration fees and land rates clearance certificate charges), and any additional fees that may arise if the transaction takes longer than expected or if additional work is required to resolve a title defect. A reputable conveyancing firm will provide a clear, written estimate at the outset and update it promptly if circumstances change. Be wary of unusually low fee quotes that do not account for all disbursements, as these often lead to unexpected additional charges later in the transaction.
Conveyancing in Kenya is a legally regulated process that requires the involvement of a licensed advocate at every stage. The risks of proceeding without proper legal support — including the risk of acquiring a defective title, paying stamp duty incorrectly, or failing to register the transfer within the required timeframe — are significant and can be difficult or impossible to remedy after completion. The introduction of the Ardhisasa platform has improved transparency for properties registered in Nairobi, but the conveyancing process still requires careful navigation of registry procedures, county government requirements and lending institution protocols. OLM Law’s real estate team advises buyers, sellers and lenders on conveyancing transactions of all sizes and types, from straightforward residential purchases to complex commercial acquisitions and development site assembly. If you are about to enter into a property transaction, contact our team to discuss how we can support you through the process.
Our real estate and property team handles conveyancing end to end for buyers, sellers, developers and lenders: due diligence and searches, the sale agreement, consents and clearances, stamp duty, and registration. We run the process to protect you from a defective title, and we act for diaspora clients buying from abroad. To instruct us on a purchase or sale, contact John Maina, Partner, at OLM Law Advocates LLP.
This article is a general guide only and is not legal advice. Please seek advice on your specific circumstances.
OLM Law Advocates LLP advises landlords, tenants, buyers, developers and investors on Kenyan property, from conveyancing and leases to titles and disputes.
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