Most property losses in Kenya are preventable. The same five mistakes recur in almost every disputed transfer that reaches our office.
Mistake 1 — Relying on a copy of the title
A copy proves nothing. Only an official search at the Lands Registry or on Ardhisasa confirms the registered proprietor and any encumbrances.
Mistake 2 — Skipping due diligence
Rates and rent clearance, beacon verification, spousal consent, planning approvals and CR12 for corporate sellers are non-negotiable. Skipping any of them is the most common single cause of failed transfers.
Mistake 3 — Paying directly to the seller
Deposits should be held in an advocate's client account until consents are in hand. Direct payments to a seller are routinely unrecoverable if the transaction collapses.
Mistake 4 — Missing consent documents
Land Control Board consent is mandatory for agricultural land. Sectional management consent is required for apartments. Spousal consent under Section 12 of the Land Registration Act is required for matrimonial property.
Mistake 5 — Failing to register on time
Land Control Board consent lapses if registration is not completed within six months. Stamp duty must be paid within 30 days of execution to avoid penalties.
Citations & further reading
Frequently asked questions
How do I avoid buying a fake title?
Always conduct an official search yourself; never accept a search produced by the seller. Cross-check the title number against the RIM at the Survey of Kenya.
Who pays stamp duty in Kenya?
The buyer pays stamp duty — 4% urban, 2% rural — within 30 days of execution of the transfer.
Related practice areas
This article is for general information only and does not constitute legal advice. Readers should obtain specific counsel on their particular matters.