The process of buying land in Kenya can vary depending on the type of land and the
location, but generally, it involves the following steps:
Conduct due diligence: Before making an offer on a piece of land, it’s important to
conduct due diligence to ensure that the land is legally owned by the seller and that
there are no outstanding disputes or encumbrances on the land. This includes checking
for things like land title, disputes, or any other claims on the land.
Make an offer: Once you have conducted due diligence and are satisfied that the land is
suitable for your needs, you can make an offer to the seller. This can be done through a
real estate agent or directly with the seller.
Sign a sale agreement: Once the offer is accepted, a sale agreement is drawn up between
the buyer and the seller. This agreement outlines the terms of the sale, including the
purchase price, payment schedule, and any contingencies.
Conduct searches: Before the sale is complete, it’s important to conduct various searches
to confirm the legal status of the land, such as a title search, search at the Ministry of
Lands and physical inspection of the land.
Pay deposit and stamp duty: Once the sale agreement is signed, the buyer is required to
pay a deposit and stamp duty, which is a tax imposed by the government on the sale of
land. The deposit is typically 10-15% of the purchase price, and stamp duty is calculated
based on the purchase price.
Transfer of ownership: Once all the searches have been conducted and the deposit and
stamp duty have been paid, the ownership of the land is transferred from the seller to
the buyer. This is done through a transfer of ownership process at the Ministry of Lands,
which includes updating the land registry and issuing a new title deed.
Payment of balance: Once the transfer of ownership is complete, the buyer pays the
balance of the purchase price to the seller.
Obtain a building permit: Once the land is transferred to the buyer, they may need to
obtain a building permit from the local authorities before they can start building. This
permit is issued by the county government and it ensures that the building complies
with all the necessary zoning, safety and environmental regulations.
Pay for services: The new landowner will have to connect the land with the necessary
services such as water and electricity. They will have to pay for the necessary
connections and any other service to be provided on the land.
Register for property taxes: The new landowner will be responsible for paying property
taxes on the land. They will have to register the land with the local authorities and pay
the taxes as required.
It’s worth noting that the process of buying land in Kenya can be complicated and time-
consuming, and it’s important to work with a qualified and experienced lawyer, real
estate agent or surveyor to ensure that the process goes smoothly.
