Land and property fraud is common in Kenya, and the losses are large. The process below exists to protect you; do not let a seller hurry you through it.

Use an advocate

Instruct your own advocate - not the seller’s - before you pay anything. This guide explains the process; it is not legal advice.

1. Due diligence

  • Official search. Search the title on Ardhisasa, the Ministry of Lands’ online platform, to confirm the registered owner and any charges (mortgages), cautions or restrictions. Nairobi’s records are on it.
  • Check the seller. Their ID and KRA PIN must match the title. For a company, search it on the Business Registration Service.
  • Visit the property, talk to neighbours, and check the boundaries on the ground against the survey map.
  • Land rates and rent. Get a clearance from Nairobi City County showing rates are paid, and from the Lands ministry if the land is leasehold.
  • Planning. Check zoning and approvals with the county, especially for land you plan to build on.

2. The sale agreement

Your advocate negotiates a sale agreement covering the price, the deposit (commonly 10%), completion documents, the completion period and what happens if either side defaults. The deposit is usually held by an advocate as stakeholder until completion.

3. Valuation and stamp duty

A government valuer assesses the property, and the buyer pays stamp duty on the higher of the price and that valuation:

  • 4% in towns and cities, including all of Nairobi
  • 2% on rural land

It is paid through Ardhisasa. Work it out with the stamp duty calculator. Advocate’s fees, searches and registration add to the total.

4. Transfer and registration

The signed transfer, the seller’s completion documents and proof of stamp duty are lodged for registration. Once registered, the title or lease is in your name. Only then should the balance be released.

Apartments and sectional titles

Apartments are sold as long leases or, increasingly, as sectional titles under the Sectional Properties Act 2020, which gives each unit its own title. Ask which you are buying, and see the management company’s accounts and service charge history.

Off-plan

Buying before the building is finished is cheaper and riskier. Check the developer’s track record, that the land title is clean and approvals are in place, and that payments are tied to construction stages. Pay into the account named in the agreement only.

Foreigners

Under the Constitution, non-citizens can hold land only on leasehold, for no more than 99 years. Foreigners commonly buy apartments on long leases or sectional titles. Agricultural land is restricted further.

Mortgages

See roughly what you can borrow with the mortgage affordability calculator.

Kenyan banks and some SACCOs lend for home purchases. Compare offers on the total cost, not only the rate; see the loan repayment calculator.

Red flags

  • A price well below the market
  • A seller who will not meet you with the original title, or wants payment to a personal account
  • Pressure to pay before searches are done
  • A “caretaker” or relative selling on behalf of an absent owner

Next