Thinking of buying or selling land in Kenya? Whether you’re acquiring your first plot, expanding your investments, or helping a client through the transaction, understanding the land transfer process is crucial. At P. A. KWEGA & CO. ADVOCATES we’ve broken down the journey into five key stages to help you navigate with clarity and confidence.
1. Agreement and Due Diligence
Before anything is signed, both parties must agree on the basic terms of sale; including the price, location, and conditions. This phase includes:
- Verifying ownership through a title search
- Checking for encumbrances or disputes
- Confirming land use and zoning compliance
Due diligence ensures that you’re not inheriting someone else’s legal mess.
2. Preparation of Transfer Documents
Once satisfied with the property’s status, the legal work begins. This includes;
- Drafting the Sale Agreement
- Preparing the Land Transfer forms
- Engaging a licensed advocate to witness and guide the process
Accuracy at this stage protects your rights long after the transaction is complete.
3. Payment of Stamp Duty
Before registration, stamp duty must be paid to the Kenya Revenue Authority (KRA). The rate depends on the location:
- Urban areas: 4% of the property’s value
- Rural areas: 2% of the property’s value
Stamp duty is a statutory requirement — non-payment stalls the process.
4. Registration of Transfer
Once stamped, the transfer documents are lodged at the relevant land registry for formal registration. The buyer becomes the new legal owner and a new title deed is issued.
Until this step is complete, ownership has not legally changed hands.
5. Post-Registration Matters
After registration, a few follow-up steps may be necessary:
- Notifying relevant authorities or tenants
- Updating records for rates and land rent
- Safekeeping of the new title deed
This stage often gets overlooked, yet it’s key to closing the transaction properly.
TO NOTE;
Land transactions in Kenya can be seamless if handled professionally. From verifying titles to final registration, every stage calls for precision, compliance, and legal oversight. At P. A. KWEGA & CO. ADVOCATES, we guide buyers and sellers through every step, ensuring a smooth, secure transfer of ownership.
Need help with a land transaction? Be vigilant, do not be conned.
Contact us at;
Email : info@pkwegaadvocates.co.ke ; pkwega.advocates@gmail.com
or
Phone call : 0732575066
WhatsApp: 0732575066
