Conveyancing & Real Estate

Conveyancing and real estate law governs the transfer, registration, and financing of land and property in Kenya. It is one of the most transactionally active areas of legal practice, touching everything from a first-time home purchase to a multi-acre commercial development. Because land in Kenya is both a high-value asset and a culturally sensitive subject, the legal framework surrounding it is detailed, procedurally rigorous, and unforgiving of shortcuts.

This area covers the full range of property transactions. On the residential side, they act for buyers, sellers, and lenders in the transfer of apartments, townhouses, and standalone homes. Advocates conduct due diligence on the title — verifying authenticity at the land registry, checking for encumbrances and caveats, confirming that rates and rent are paid up to date, and ensuring that the seller has the legal capacity to transfer the property. Advocates prepare the transfer documents, handle stamp duty assessment and payment, and oversee the registration of the transfer at the relevant land registry.

On the commercial side, they handle the acquisition and disposal of office buildings, retail spaces, industrial properties, and development land. Commercial transactions often involve additional layers of complexity: environmental compliance assessments, change-of-user applications, subdivision approvals, and negotiation of commercial lease terms. Advocates draft and negotiate leases for both landlords and tenants, covering gross leases, net leases, triple-net leases, and turnover-based retail leases. Advocates also handle lease renewals, rent reviews, variations, and disputes over dilapidations and breach of lease covenants.

Development and construction is a further area of focus. Advocates advise developers on land assembly, planning permissions, building approvals from county governments, and the negotiation of construction contracts with contractors and consultants. Advocates draft agreements for sale off-plan, ensuring compliance with the Real Estate (Regulation and Development) framework where applicable, and they manage the release of funds from financing institutions against certified milestones.

Financing is integral to most property transactions. Advocates act for banks and other lending institutions in the preparation and registration of charges, legal mortgages, and debentures over immovable property. Advocates ensure that security documents comply with the Land Registration Act, 2012 and the Land Control Act where applicable, and they handle the discharge and release of charges once loans are repaid.

Advocates also deal with the regulatory dimension of real estate: compliance with the Physical and Land Use Planning Act, applications for change of user, extension of user, and subdivision approvals; handling of Section 120 notices for wayleaves and easements; and interactions with the National Land Commission on matters involving public land and compulsory acquisition.

Because real estate transactions in Kenya have historically been vulnerable to fraud — fake titles, double allocations, and unauthorised sales — they approach every transaction with a thorough, verification-first mindset. Advocates do not assume that a title document tells the full story; they check the registry, the registry index map, and where necessary the cadastral map, to confirm that what is on paper matches what is on the ground.