Buying land in Kenya: the due diligence that protects you

Many land disputes could have been prevented by diligence that costs a fraction of the purchase price. If you are buying, insist on all of it.

Official search — and a recent one

An official search at the land registry confirms the registered proprietor and any encumbrances: charges, cautions, restrictions. It must be current. A search from three months ago tells you nothing about what was registered last week.

Confirm the seller can actually sell

Match the title to the seller's ID. If the seller is a company, check the resolution authorising the sale and the company's own good standing. If it is an estate, check the grant of representation.

Physical verification

Visit the land. Confirm the boundaries against the registry index map or a surveyor's report. Check for occupants, tenants or anyone claiming an overriding interest.

Rates, rent and consents

Obtain clearance certificates for land rates (county) and, for leasehold land, land rent (national). For agricultural land, factor in Land Control Board consent — transactions without it are void.

Then, and only then, pay

Structure the deposit and completion payment so money moves only against registrable documents. A conveyancing advocate can build all of this into a defined timeline.

Get help from a verified advocate

This article is general information, not legal advice on your situation. If you need advice, describe your matter on Wakili Link and we will match you with a verified advocate who handles it.

• Conveyancing lawyers in Kenya
• Land and property transfer
• Land disputes
• How to verify an advocate in Kenya