Securing Your Property: A Guide to Land Transfer in Kenya

Securing Your Property: A Guide to conducting due diligence before transfer/registration of land

Have you ever wondered about the legal process of land transfer in Kenya? Given the increasing demand for land, it is critical to understand the legal framework that governs the process of obtaining land in Kenya. In this article, we will look at the legal procedure of land transfer and title registration in Kenya, highlighting the steps involved and the legal documents required. We will also look at the issues that buyers may face during the process and the steps that may be taken to address them. By the end of this article, you will have a better grasp of the legal procedure of land transfer in Kenya and will be better equipped to navigate the process with confidence.

Having delved into the pre-contract and due-diligence stage in the article Securing Your Property: A Guide to conducting due diligence before transfer and registration of property, we will then begin by looking at the conveyancing stage of purchasing land in Kenya. Once you have completed the investigation of title and are satisfied that the property is clear and free of encumbrances, your advocate should prepare a land sale agreement outlining the general and special conditions as well as the parties' willingness to be bound by the contract. After the agreement has been drafted and both parties are satisfied with its contents, the vendor and purchaser should sign it in presence of a witness and with the advocate verifying their signatures.

Any transaction involving agricultural land must be approved by the local Land Control Board, according to the Land Control Act Cap 302. As a result, one of the first steps is for the vendor to obtain this consent. To do so, the following documents are required: a current search, the original title deed and a copy, spousal consent, a copy of the vendor's and purchaser’s ID and KRA Pin, and a duly filled and a duly filled and executed prescribed form.

On the completion date or when the purchaser is ready to complete payment and the vendor is ready to execute the transfer instruments, the vendor should provide the following documents in exchange of the full purchase price;

I. The Original title deeds

II. Marriage Certificate or affidavit of marriage

III. A copy of his National Identity Card

IV. Passport photos

V. KRA Pin certificate

VI. Land Control Board Consent to transfer

VII. Spousal consent

VIII. Land rent and rates clearance certificates where applicable.

IX. Current search

X. Executed transfer deed

The purchaser, on the other hand, shall present the following documents in anticipation of transferring the interest in the said land:

I. A copy of his/her National Identity Card

II. KRA Pin certificate

III. Executed transfer deed

Once all of the completion documents are present and in order, the advocate will file for valuation to determine the amount of stamp duty to be paid by the purchaser. A copy of the title, a sketch map of the land, an application for valuation, a recent search, and LCB consent are all required by the advocate. The value of the land will then be determined by a government valuer. Once the valuation has been determined, the purchaser must pay stamp duty of 2% or 4% of the land's worth, depending on whether the land is located in a municipality or not.

Following paying the stamp duty, the completion documents, along with a receipt evidencing payment of stamp duty and an application form, will be lodged at the relevant land registry. The advocate will be given a booking number so that the application can be tracked. When registration is complete, you will be given a title deed in your name as well as registered transfer forms.

It is also advisable to conduct a post-registration search to ensure that the records at the registry correspond to your title deed.

If you wish to begin your journey to owning property in Kenya but are overwhelmed by all of the steps, don't worry! We can assist you in navigating this process and securing your interest; please contact us at info@kiplagatkiduiadvocates.co.ke.