Real Estate and Land

An official search at the lands registry or on Ardhisasa to confirm the registered owner and any charges, caveats or cautions, a check of the root of title to see how the seller came to own it, a physical inspection with a surveyor to confirm the beacons, a rates and rent clearance and, for agricultural land, confirmation of Land Control Board consent. We do all of this before any deposit is paid.

Stamp duty on a transfer is 4 percent of the value for land within a municipality and 2 percent for land outside one, assessed on the government valuation rather than the price where the two differ. The buyer pays it, and since 2026 payment runs through the national stamp duty module, and a wrong valuation is open to objection.

A straightforward transfer usually completes within 60 to 90 days of signing the sale agreement, allowing for consents, valuation, stamp duty and registration. Agricultural land, leasehold property with a rent clearance and any title needing correction take longer, and we tell the client at the outset which of these applies.

A foreigner may hold land in Kenya on a lease of up to 99 years but not freehold, under Article 65 of the Constitution. A company is treated as foreign unless it is wholly owned by Kenyan citizens, so a single foreign shareholder changes the position. We structure the holding correctly before the purchase rather than unwinding it afterwards.

Yes, and many of our clients do. The purchase runs through a power of attorney, documents signed abroad are legalised through the Kenyan mission or a notary, and the funds move through our client account so nothing is paid until the title has been verified and the transfer is ready to register. The risk is in the checks, not the distance.