Conveyancing in Kenya: what the process actually involves

Buying property in Kenya is one of the larger financial decisions most people make, and most people only do it once or twice in their lives. The process is not mysterious, but it is easier to get right when you understand the shape of it before you start.

The shape of a typical purchase

1. Offer and letter of offer. You and the seller agree on price, deposit, and basic terms in writing. Nothing binding yet — this is the shape of the deal.

2. Due diligence. Before anything else, the advocate runs a title search at the relevant land registry, confirms the property is what it claims to be, and checks for caveats, charges, or pending rates. If something unusual shows up here, it is much cheaper to deal with now than after payment.

3. Sale agreement. A proper sale agreement sets out the price, deposit, balance, completion date, and what happens if either side defaults. You typically pay 10% on signing, held either in the advocate’s client account or as otherwise agreed.

4. Completion documents. The seller signs a transfer in your favour. Their advocate provides the documents required for stamping and registration — usually including rates clearance, land rent clearance (for leasehold), and consent to transfer where applicable.

5. Stamp duty and registration. Stamp duty is paid to the Kenya Revenue Authority. Once stamped, the transfer is lodged at the land registry and the title is registered in your name.

Costs you should expect

• Legal fees: set by the Advocates Remuneration Order as a percentage of the purchase price.
• Stamp duty: 4% in urban areas, 2% in rural areas.
• Disbursements: search fees, registration fees, and incidental costs.

Ask for a fee note up front. Any advocate should give you one.

Things to watch for

Sellers who resist due diligence, properties where the title does not match the physical boundaries, pending rates or land rent, and informal “agreements” that try to bypass the land registry. Any one of these is a reason to slow down.

If you are about to buy or sell, we are happy to talk through the process before you commit. The first call is free.