HOW TO BUY LAND/PLOT IN KENYA

Kenyan citizens as per section 40 of Kenyan Constitution guarantees the right of owning a land
provided a person is of age of majority. Therefore, a person who wants to acquire a land can do it
through a legally representative i.e. a lawyer/advocate or by himself. Once a person has identified
the land to acquire most commonly through a site visit, the following easy steps are to be followed.

TITLE SEARCH AND SCRUTINY

Once satisfied with the land to purchase. The title deed of the land in question must be searched in
Land Registry records to ascertain the validity of document. The person requesting for a search
requires to present the following to the Land Registry Offices; a copy of the title deed, the land
owner’s copies of KRA PIN and National Identification card. The search process normally takes 4 to 7
days and the ownership results including all cautions against the land if any.

PRICE NEGOTIATION AND SALES AGREEMENT

The buyer and the seller at this stage must come to the final price. Once all parties agree, the buyer’s
advocate shall draft a sales agreement with terms and conditions including a deposit amount to be
paid. The deposit can be paid to the seller’s advocate account or to seller’s individual account in case
the seller doesn’t have an advocate.

TRANSFER INSTRUMENTS AND CONSENT TO TRANSFER.

The seller must obtain the consent to transfer land from Land Control Board as required by law. The
seller shall thereafter through his/her advocate prepare the transfer documents which shall be
executed by both parties, i.e. Buyer and Seller.

VALUATION AND STAMP DUTY PAYMENT.

A government value is mandated to visit the site in order to give a valuation report. This report will
be used to determine the stamp duty payable. Stamp duty payment depends on the agreement
between the seller and the buyer. In most cases the buyer is the one who pays for the stamp duty
and the amount is always included in title deed fees. However, if the seller is the one settling this,
He/she must ensure that the valuation is done and the stamp duty is paid in full.

SURRENDERING OF ORIGINAL TITLE AND TRANSFER INSTRUMENTS TO THE BUYER

Once the buyer receives a valid land transfer consent, properly filled and executed transfer
instruments, the original title deed and the seller’s KRA PIN and the National Identification card
copies. The final payment as per the sale agreement can be made.

REGISTRATION AND TRANSFER BY THE LAND REGISTRAR

The buyer after making final payment. He/she has to present these documents together with his/her
copies of National Identification card and KRA PIN for registration purposes to the area Land Registry
offices where the land in question records are. The Land Registrar shall do away with the seller’s
original title and issue a new title in buyer’s name.

VERIFICATION OF CHANGE IN RECORD

Upon receiving the new title, the buyer need to do a search to ascertain whether the details
captured in the new title are the same in the Land Registry records.