Property Sale & Purchase Conveyancing Kenya

Buying Property in Kenya

When you buy, your advocate acts to protect your deposit and your title. The main stages are:

1. Offer and letter of offer: record price, deposit and key conditions before you pay anything.
2. Due diligence: official search, ownership history, survey and rates checks. See title search and due diligence.
3. Sale agreement: drafted or reviewed by your advocate. A deposit of about 10% is common, with the balance paid on completion, often within 90 days.
4. Consents and clearances: Land Control Board consent for agricultural land, rates and rent clearance, and spousal consent where required.
5. Completion and transfer: execution of the transfer, payment of stamp duty and lodging at the lands registry.
6. Registration: issue of the new title or certificate of lease in your name.

Selling Property in Kenya

Sellers need an advocate to prepare the agreement, confirm that the title is clean, discharge any existing charge, obtain consents and clearances, and receive the purchase price safely. Sellers should also plan for capital gains tax, which is charged on the net gain from the sale of property.

Protect Your Deposit

Never pay the deposit directly to a seller or agent before an advocate has verified the title. Funds should be held by an advocate as stakeholder where possible, and released only on agreed terms.

Off-Plan and Sectional Properties

Buying off-plan carries extra risk. We review the developer’s title, approvals, payment schedule, completion timelines and sectional title arrangements under the Sectional Properties Act.

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.

Agree How Completion Will Work

The agreement should explain what the seller must deliver, how any existing charge will be discharged, when the balance becomes payable and how possession is handed over. It should also address delays, unmet conditions and default. Avoid treating an agent’s promise or a receipt as a replacement for documented completion arrangements.

Buying an Occupied or Financed Property

Ask whether tenants will stay, whether vacant possession is promised and whether rent or service charge needs to be apportioned. Where the property is charged, coordinate the lender’s discharge documents with the transfer. See our stakeholder payment guide and seller’s checklist.

Related Guides and Legal Support

• Conveyancing Services 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.