1. Identify the Land
– Find a suitable parcel through real estate agents, online platforms, or local contacts. Verify the location, size, and suitability for your intended use (e.g., residential, commercial, or agricultural).
2. Engage Professionals
– Hire a licensed real estate agent or lawyer to guide you through the process. A surveyor may also be needed to verify boundaries and land size.
3. Conduct a Land Search
– Perform a land search at the relevant Land Registry (county or national, depending on the land’s registration status) to confirm:
– The registered owner.
– Whether the land is free of encumbrances (e.g., loans, liens, or disputes).
– The title deed’s authenticity.
– Obtain an official search report, which typically costs KSh 500–1,000 and takes 1–3 days.
4. Verify Land Details
– Confirm the land’s physical boundaries with a licensed surveyor using the title deed and mutation map.
– Check zoning regulations and land use restrictions with the local county government or the National Land Commission (NLC).
5. Negotiate and Sign a Sale Agreement
– Agree on the purchase price with the seller.
– Have a lawyer draft a sale agreement outlining terms, payment schedule, and conditions (e.g., deposit, balance payment timeline).
– Both parties sign the agreement, typically with witnesses. A deposit (commonly 10–20%) is paid at this stage.
6. Obtain Necessary Approvals
– For freehold or leasehold land, get a Land Control Board (LCB) consent if the land is agricultural (required under the Land Control Act). This applies to transactions involving non-family members and takes about 1–2 weeks.
– For leasehold land, obtain consent from the lessor (e.g., county government or NLC for public land).
– If you’re a foreign buyer, note that foreigners cannot own freehold land outright but can hold leasehold land (up to 99 years).
7. Pay Stamp Duty and Taxes
– After signing the sale agreement, the buyer pays stamp duty (4% of property value for urban land, 2% for rural land) to the Kenya Revenue Authority (KRA).
– Obtain a valuation report from a registered valuer to determine the stamp duty amount.
– Pay via KRA’s iTax portal and obtain a stamp duty certificate.
8. Transfer the Title Deed
– The seller provides the original title deed, a transfer form (signed by both parties), and other documents (e.g., ID copies, PIN certificates, and LCB consent).
– Submit these to the Land Registry for title transfer. The process includes:
– Verification of documents.
– Payment of transfer fees (varies by county, typically KSh 5,000–20,000).
– Issuance of a new title deed in the buyer’s name (takes 1–3 months, depending on the registry).
9. Clear Payments and Finalize
– Pay the remaining balance to the seller as per the sale agreement.
– Ensure all payments are documented (e.g., via bank transfer or lawyer’s escrow account) to avoid disputes.
10. Secure the Title Deed
– Collect the new title deed from the Land Registry.
– Verify its authenticity and store it securely (e.g., in a bank safe).
Key Considerations
– Due Diligence : Always verify the seller’s ownership and check for fraud, as title deed forgery is a risk in Kenya. Use a lawyer to cross-check records.
– Costs : Budget for additional costs like legal fees (1–2% of property value), surveyor fees (KSh 10,000–50,000), and stamp duty.
– Foreign Buyers : Foreigners face restrictions on freehold land ownership and may need approval from the Ministry of Lands for certain transactions.
– Community Land : If the land is under community ownership (common in rural areas), ensure compliance with the Community Land Act and involve community leaders.
– The process varies slightly depending on whether the land is freehold, leasehold, or community land, and whether it’s in an urban or rural area.
– Digitization of land records (e.g., through the ArdhiSasa platform) has streamlined searches and transfers in some counties, but manual processes still exist in others.
– Always consult a lawyer to navigate legal complexities and avoid disputes.
