A property purchase should begin with verification, not payment. A title document, a broker’s assurance or a view of the property is not enough to establish who owns the land, whether the seller may sell it, or what the buyer is actually taking on. This checklist explains the core due diligence questions for a buyer in Nairobi and across Kenya, and the sequence that keeps money and documents in step.
Quick answer: obtain an official search, compare it with the title and the seller’s documents, confirm the seller’s identity and authority, and inspect the property before releasing funds. For an apartment, check the sectional plan, the management company and the service-charge position. Make the payment sequence follow the signed agreement and the completion documents, and do not release the price merely because a document has been produced.
Verification comes before payment
Conveyancing in Kenya is governed principally by the Land Act 2012 and the Land Registration Act 2012, together with the Stamp Duty Act and, where agricultural land is involved, the Land Control Act. The buyer’s protection comes from following the sequence those laws and ordinary practice require: verify, then contract, then complete.
A deposit paid before basic checks are done is exposed. Paying the full price before the transfer is registered is exposed. The aim of due diligence is to identify problems while the buyer still has leverage, and to structure payments so that each release is matched by a document or a step in the process.
Confirm the land and the seller
Obtain an official search at the lands registry for the county where the property is situated and compare it with the title documents supplied. Read the search entry by entry and look for registered charges, cautions, restrictions, easements and any consent required before transfer. Where the property is charged, the lender’s discharge or release is needed before completion.
Confirm the seller’s identity, capacity and authority. Where the seller is a company, obtain a current CR12, the board resolution authorising the sale and the constitution, and check that the signatory signs in the capacity the resolution records. Where the seller acts under a power of attorney or a grant, produce and check the instrument. Inspect the property and confirm occupation, access, boundaries and any lease or tenancy position, because a search does not show who is living on the land.
What the official search shows, and what it does not
A search is evidence of the registered position at the date it is issued. It does not, by itself, prove that the person in occupation has no claim, that the boundaries on the ground match the map, or that the seller has disclosed every arrangement affecting the property. It also does not replace a physical inspection or the checks on approvals and consents described below.
Repeat the search before completion and, where the process allows, again before the transfer is lodged. A clean search early in the transaction does not guarantee a clean position months later. Where the property is agricultural land, a Land Control Board consent may be required for the dealing, and a matrimonial home may require spousal consent.
Apartments and sectional properties
For an apartment, the title and the physical unit are only part of the picture. Inspect the sectional plan and the approvals that underpin the development. Review the service-charge arrangements, the budget and the arrears position for the unit, and the management-company documents. Check the handover obligations, the common areas and any pending works or disputes that could affect the buyer after completion.
For land or a house, check planning, land-use and construction approvals where they affect the intended use. A buyer who intends to develop, subdivide or change use should confirm that the property can lawfully be used for that purpose before committing, rather than after the transfer. Where the property is off-plan, the completion obligations and the payment schedule deserve particular attention.
Documents to assemble before signing
The sale agreement should record the parties, the property, the price, the deposit, the payment schedule, the completion date and the conditions on which completion depends. It should also state the documents to be delivered at completion, the remedies if either side fails to complete, and how funds will be held. The table below is a practical checklist of what the buyer should assemble.
| Document | What it confirms | When to obtain it |
|---|---|---|
| Official search | Registered owner, charges, cautions and restrictions | Before signing and before completion |
| Copy of title | The registered interest and its terms | Before signing |
| Seller identity, CR12 and resolution | Who the seller is and who may sign | Before signing |
| Rates and land rent clearances | Arrears and who pays them | Before completion |
| Consents | Land Control Board or spousal consent where required | Before transfer |
| Sectional plan and management documents | Unit, common areas, service charge and management | Before signing for an apartment |
| Sale agreement | Price, deposit, completion conditions and remedies | Before payment |
| Completion statement | What has been paid and what is released | At completion |
Control funds and plan for costs
Do not release the purchase price merely because a document has been provided. The payment sequence should follow the signed agreement and the documents required for completion, with the final payment tied to the transfer and registration step. Where the buyer is borrowing, the lender will run its own checks and require a charge over the property, and its timetable should be built into the completion plan.
Understand the costs and taxes before committing: stamp duty on the instrument, registration fees, rates and land rent, service charges, professional fees and the lender’s charges. There are also consequences if either side cannot complete on time, and the agreement should set out what happens then. Figures depend on the instrument, the value and the current rates, so they should be confirmed for the specific transaction.
When to take advice, and a buyer’s checklist
Take advice before signing where the title is old or disputed, the seller is a company or an estate, the land is agricultural, the property is charged or occupied, or the transaction is off-plan. Our real estate and conveyancing practice advises buyers on due diligence and transfers. Related guides cover title searches at Ardhi House and the lands registry and buying off-plan property in Kenya. For a confidential first assessment, contact the firm.
- Obtain the official search and read it against the title documents.
- Confirm the seller’s identity, capacity and authority to sell.
- Check charges, cautions, restrictions, easements and required consents.
- Inspect the property and confirm occupation, access and boundaries.
- For an apartment, review the sectional plan, management documents and service charge.
- Confirm planning and land-use approvals for the intended use.
- Make the payment sequence follow the agreement and the completion documents.
- Confirm the stamp duty, registration and other costs for the transaction.
- Keep the full file after completion, including the registered transfer.
Primary sources
- Land Registration Act, 2012, Kenya Law.
- Land Act, 2012, Kenya Law.
- State Department for Lands and Physical Planning: land registries, for the registry serving the county where the property is situated.
This article is general information, not legal advice.
