Question 1

How long does a property transfer take in Kenya?

Accepted Answer

There is no single figure. The sequence is predictable, but the pace depends on how complete the documents are, whether Land Control Board consent is needed for agricultural land, how quickly stamp duty is assessed and paid, and current registry queues. What we can do is set out the stages at the outset, tell you which stage we are waiting on and why, and flag a document problem before it stalls the file rather than after. See the conveyancing process step by step.

Question 2

Do I need Land Control Board consent to transfer land in Kenya?

Accepted Answer

It depends on whether the land is agricultural and lies within a land control area. Under the Land Control Act, dealings such as sale, transfer, lease, charge and subdivision of controlled agricultural land require the consent of the relevant Land Control Board. Without it the transaction is void. Urban residential and commercial titles are generally outside the control area, but this must be checked on the specific parcel rather than assumed. See Land Control Board consent.

Question 3

Who pays stamp duty, and how is it assessed?

Accepted Answer

Stamp duty on a transfer is normally payable by the purchaser. It is assessed on the higher of the declared value and the government valuer's assessment, so an under-declared price does not reduce the duty and can create its own problems. Rates differ between land and buildings, and between municipalities and other areas. The duty must be paid within the statutory period from execution, so timing on the instrument matters. See stamp duty rates and deadlines and common stamp duty pitfalls. Current rates and forms are published on the Ministry of Lands portal.

Question 4

What does an official search of a title actually tell me?

Accepted Answer

A search shows the registered proprietor, the title number and approximate area, and the encumbrances recorded against the title such as charges, cautions, caveats, leases and restrictions. It does not prove who occupies the land, whether the boundaries on the ground match the registry map, or whether the seller has separate authority to sell. A search is necessary but never sufficient on its own. See title search at Ardhi House.

Question 5

Can I sell or charge our property without my spouse's consent?

Accepted Answer

If the property is matrimonial property, the Matrimonial Property Act requires spousal consent for a sale, charge or other disposition, and a transaction without it is exposed to challenge. Whether a given property is matrimonial depends on the facts, including how and when it was acquired and how it has been used. We confirm the position before completion rather than assume it. See spousal consent and matrimonial property.

Conveyancing & Real Estate Lawyers

What our real estate and conveyancing practice covers

What are the steps in a Kenyan property purchase?

How long does conveyancing take in Nairobi?

Illustrative examples

Buying or selling in Nairobi? Start with due diligence

Buying an Off-Plan Apartment in Kenya

Rates and Rent Clearance Certificates

Sectional Titles for Nairobi Apartments