The Land Buying Process in Kenya: A Step-by-Step Guide

Buying land in Kenya involves several key steps to ensure a legal and secure transaction. This guide outlines the usual steps that one would go through for a general purchase. However, keep in mind that this may not be suitable to your specific situation, and it is always recommended to consult with a qualified legal practitioner to ensure that your investment is protected (you can contact us at achieng@aga-advocates.com for a free consultation to discuss your circumstances).

1. Land Search:

Before committing to a purchase, conduct a thorough search at the Land Registry. This reveals crucial information about the property, including ownership details, size, address, and any encumbrances. You'll need to fill out application forms, provide proof of ownership (title deed), copies of your KRA PIN certificate and ID card. The search certificate is typically issued within a few days.

2. Sale Agreement:

A written sale agreement is legally required for land transactions. This document protects both the buyer and seller, outlining the terms and conditions of the sale, including purchase price, payment terms, and property details. It should be stamped by an advocate to be legally binding.

3. County Land Control Board (LCB) Consent:

LCB consent is required within 60 days of signing the sale agreement. The board, comprised of local elders, land officers, and the County Commissioner, meets monthly (or special sittings can be arranged for a fee) to approve land transfers. Both buyer and seller must attend the hearing and provide proof of spousal consent (or an affidavit of single status). The LCB's decision is final.

4. Land Valuation:

A government valuer assesses the property's value to determine the stamp duty payable. The seller submits a valuation form and maps of the property. The valuer then visits the land and prepares a report.

5. Stamp Duty Payment:

Stamp duty is assessed based on the government valuer's assessment. It is a tax on the property's value that is paid at the Land Registry. The rate is 2% for rural land and 4% for land in municipalities. Payment must be made within 30 days of receiving the valuation report.

6. Obtaining Clearance Certificates:

Clearance certificates for land rates (payable to the County) and land rent (payable to the National Government) are required. These payments can often be made online.

7. Lodging Transfer Documents:

The following documents are lodged for transfer of ownership:

• Title deed

• Land search documents

• LCB consent

• Sale agreement

• Valuation report

• Stamp duty documents

• Land rent clearance certificate

• Land rates clearance certificate

• Copies of both parties' IDs and KRA PINs

• Transfer document (signed by both parties)

• Passport photos

• Affidavit of spousal consent (if applicable)

Once lodged and the requisite fees paid, the registration process takes anywhere from two weeks to three months.

8. Post-Registration Search:

After registration, conduct another land search to confirm the title is now in your name.

Conclusion:

The purchase of property in Kenya is a complex and time consuming process, but must be done correctly in order to ensure the security of your investment. While some buyers may attempt to handle land transactions independently, it is highly recommended to consult a qualified lawyer. Remember, only a licensed advocate can provide legal advice and prepare legal documents related to conveyancing.

Reach out to us today on achieng@aga-advocates.com for a free consultation to discuss your options.

Important Note: This information is provided as a general overview and does not constitute legal advice to you. To get advice that is tailored to your specific situation and learn more, please contact us.