What to Consider when Buying Land in Kenya

Purchasing land in Kenya requires thorough due diligence to avoid legal disputes and ensure the property is free of encumbrances, meaning any legal claims against the owner of the property which could adversely affect the buyer. Below are essential steps to take if you are considering buying a piece of land. 

1. Verification of Ownership

Get a copy of the title deed or certificate of lease from the seller and conduct a search at the Lands Office to confirm ownership details and the size of the land. 

2. Check for Encumbrances

Ensure the land is free from encumbrances, such as charges, mortgages, caveats or cautions.

3. Confirm Land Use and Zoning

Verify whether the land is designated for agricultural, residential, commercial or industrial use through the local county government or zoning plans. You should ensure that the intended use aligns with zoning and land use regulations.

4. Physical Inspection

Visit the land physically to verify boundaries and confirm there are no illegal occupants or disputes over the property. Engage a licensed surveyor to ensure the land’s physical dimensions match the records.

5. Search at the Survey Department

Obtain a survey map (registry index map) to confirm the land's exact location, size, and boundaries. Verify that the survey records match the details on the title deed.

6. Check for Historical Land Disputes

Investigate if the land has any history of ownership disputes. Seek local insights from the area chief, neighbours, or local leaders.

7. Verify the Seller’s Identity

Confirm the seller's identity and their capacity to transact. If dealing with a company, verify the company’s registration and authority to sell the land. Request identification documents such as National ID for an individual or Certificate of Incorporation for a company.

8. Confirm Payment of Land Rates and Rent

Ensure that all land rates (county levies) and land rent (if applicable) are up to date. Obtain clearance certificates from the county government and the Ministry of Lands.

9. Obtain Land Control Board Consent

If the land is agricultural, you will need to apply for and obtain consent from the local Land Control Board

10. Confirm Compliance with Environmental Laws

If the land is near areas such as forests, rivers or wetlands confirm compliance with environmental regulations. Check for necessary approvals from the National Environment Management Authority (NEMA).

10. Sign the Sale Agreement

Engage an advocate to draft or review the sale agreement. 

11. Stamp Duty Assessment and Payment

Once the agreement is signed, pay the applicable stamp duty to the Kenya Revenue Authority (KRA). 

12. Transfer of Title

Register the sale agreement, transfer form and all required consents and clearances with the Ministry of Lands. Verify that the transfer has been successfully registered, and the new title reflects your ownership.