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.
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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