The steps between agreeing a price and holding a title in your name: searches, consents, valuation, stamp duty, capital gains tax and registration, including on Ardhisasa.
By Wakili Link Editorial
A land sale in Kenya is complete only when the transfer is registered and a title is issued in the buyer's name. Until then, money paid is at risk. Here is how a typical transfer of freehold or leasehold land runs.
The buyer's advocate obtains an official search from the land registry — on Ardhisasa for registries that have moved onto the platform, starting with Nairobi — to confirm the registered owner and any charges, cautions or restrictions. A search is a snapshot; do it again just before completion.
The agreement records the price, the deposit (commonly 10%), the completion period and who pays which costs. Most agreements incorporate the Law Society Conditions of Sale. Pay deposits to the advocate's client account, never in cash to the seller.
The seller provides the original title, the signed transfer form, copies of ID and KRA PIN, passport photos, rates and rent clearance certificates and the consents.
A government valuer assesses the land, and the buyer pays stamp duty on the higher of the price and the valuation: 4% in a municipality and 2% elsewhere.
The seller pays capital gains tax at 15% of the gain on the transfer. Registration will not proceed without proof of payment.
The transfer is lodged and registered, and a new title (or a certificate of lease) is issued in the buyer's name.
The balance of the price is released to the seller once the transfer is registered or, if the agreement says so, against an advocate's professional undertaking.
With clean documents, four to twelve weeks. Missing consents, rates arrears, a title that needs to be reconstructed, or an estate that is still in succession can add months.
Stamp duty, registration and search fees, valuation, and advocate's fees under the Advocates (Remuneration) Order, which are scaled to the value of the property. Ask for the full list in writing before signing.
This article is general information, not legal advice on your situation.
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.
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