Conveyancing & Property FAQs Kenya
Find answers to common Kenyan property questions about conveyancing, title searches, transfer documents, legal fees and buying from overseas.
Answers to common questions about conveyancing and buying, selling or registering property in Kenya.
What does a conveyancing lawyer do in Kenya?
A conveyancing lawyer (advocate) verifies title, drafts and reviews sale agreements, obtains consents and clearances, handles stamp duty and registers the transfer so that ownership passes safely to the buyer.
How long does property transfer take in Kenya?
A straightforward transfer can take several weeks, but timing depends on clearances, valuation, Land Control Board consent and the lands registry. Title problems can add months.
How much is stamp duty on land in Kenya?
Stamp duty on land transfers is generally 4% of the property value within municipalities and 2% elsewhere, based on the higher of the price or the Government valuation. Confirm current rates before you transact.
Can a foreigner buy land in Kenya?
Non-citizens can hold land only on leasehold for up to 99 years. Freehold land is reserved for Kenyan citizens.
How do I verify a land title in Kenya?
Your advocate conducts an official search at the lands registry to confirm the registered owner, encumbrances and restrictions, and cross-checks survey and rates records.
Do I need Land Control Board consent?
Consent is required for most transactions involving agricultural land in controlled areas. Without it, the transaction can be void.
Who pays capital gains tax when selling property?
The seller pays capital gains tax on the net gain from the sale of property.
Can I buy property in Kenya from abroad?
Yes. With a trusted advocate, a power of attorney and secure payment through your advocate, you can complete a purchase remotely.
What is the difference between freehold and leasehold?
Freehold is ownership with no fixed end date. Leasehold is ownership for a fixed term, such as 99 years, usually with ground rent.
How much deposit should I pay when buying land?
A deposit of around 10% is common, but it should be paid only after your advocate has verified the title, and held by an advocate as stakeholder.
This page is general information for readers in Kenya and is not legal advice. Laws, rates and procedures change, so confirm the current position with an advocate before you act.
Preparing for Your First Property Consultation
What should I send before a conveyancing consultation?
Start with the parcel reference, a copy of the title if available, a draft agreement and a short summary. Explain whether you are buying, selling or leasing and whether financing or remote signing is involved. Agree a secure channel before sending identity documents.
Does a title search replace a site visit?
No. Registry information and physical inspection answer different questions. A site visit can identify occupation, access and boundary concerns requiring investigation alongside the documentary review.
Can you guarantee a completion date?
Completion depends on documents, contractual conditions, approvals and registry processing. Ask for an indicative timetable with outstanding dependencies identified rather than relying on a guaranteed date.
Related Guides and Legal Support
- Conveyancing Services Kenya
- Property Sale & Purchase Conveyancing Kenya
- Land Transfer Process in Kenya: Step-by-Step Guide
For wider support, explore WKA’s real estate and conveyancing practice on the official WKA Advocates website, or contact our Nairobi team with your transaction details.