Engaging an advocate is not an optional formality in Kenyan conveyancing. The Advocates (Remuneration) Order requires that sale agreements for land be drawn by an advocate, and the protections an advocate provides — from deposit safekeeping to registration — are the difference between a clean transaction and a contested one.
Pre-contract due diligence
The advocate conducts an official search, verifies rates and rent clearance, confirms beacons through a registered surveyor, checks planning compliance and (for corporate sellers) obtains a current CR12. Each step has saved many transactions from later collapse.
Drafting and negotiating the sale agreement
A properly drafted sale agreement allocates risk, sets a completion timetable, attaches all required consents, defines default and remedies, and protects the buyer's deposit. Free internet templates routinely omit deposit protection and consent conditions; using one is the single most expensive false economy in Kenyan property practice.
Holding the deposit
The buyer's deposit is held in the advocate's client account, regulated under the Advocates (Accounts) Rules. Funds are not released to the seller until the seller's bundle is complete and consents are in hand — protecting the buyer if the transaction fails.
Procuring consents
Land Control Board consent for agricultural land, sectional management company consent for apartments, spousal consent under Section 12 of the Land Registration Act, lender consent and discharge for charged property. Each consent has its own procedure, timeline and supporting documents.
Stamp duty and KRA compliance
The advocate assists with valuation by the Government Valuer, files for assessment and pays stamp duty within 30 days. Capital gains tax of 15% on the seller's gain is also handled at this stage.
Registration of the transfer
The stamped transfer, title, consents and KRA clearances are lodged at the Lands Registry or on Ardhisasa. Registration typically issues within 14–30 days and the buyer receives the title in their name.
Post-completion delivery
The advocate delivers the registered title, the discharge of any seller's charge, original consents and a completion statement. The file is retained for the statutory minimum retention period and any later dealings can be evidenced from it.
Acting for diaspora buyers
The advocate also coordinates power of attorney execution abroad, secures documents through the Kenyan mission for notarisation or apostille, and arranges electronic completion — allowing the buyer to complete without travelling to Kenya.
Citations & further reading
Frequently asked questions
Do I need an advocate to buy land in Kenya?
Yes, in practical terms. The Advocates (Remuneration) Order reserves drafting of sale agreements for land to advocates, and deposit protection through a client account requires advocate involvement.
Can the buyer and seller use the same advocate?
Generally not. Conflict-of-interest rules under the Law Society of Kenya Code of Conduct require separate representation, save in limited circumstances where both parties give informed written consent and the advocate is satisfied there is no actual conflict.
How much do advocates charge for conveyancing?
Fees are prescribed by the Advocates (Remuneration) Order — a scale calculated on the value of the property, with a minimum fee. Discounting below the scale is professional misconduct.
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.