Buying land in Kenya: the due diligence you should do before you pay

Land is usually the largest purchase a family makes, and it is the area in which fraud is most common. The best protection is to investigate before any money moves.

1. Confirm who owns it

Carry out an official search at the land registry. The search shows the registered owner, the size and the nature of the interest, and any entries against the title. Compare it with the copy of the title you were shown. Do not rely on a photocopy alone.

2. Look for encumbrances

The register records charges, caveats, cautions and restrictions. A charge in favour of a bank means the land is security for a loan and the lender must consent to the sale.

3. Visit the land

Walk the boundaries. Meet the neighbours. Check that the person in occupation is the person selling, and ask whether anyone else claims an interest.

4. Check the approvals

• For agricultural land, the Land Control Act requires the consent of the Land Control Board for most dealings. Apply within the time the Act allows, or the transaction can become void.
• Confirm rates and land rent are paid, and obtain clearance certificates where they are required.
• Ask about county planning approval if you intend to build.

5. Verify the seller

Confirm identity and capacity. If the seller is a company, check the resolution authorising the sale. If the land is matrimonial property, ask whether the spouse consents.

6. Put it in writing

A sale of land must be in writing, signed by the parties and attested (Law of Contract Act, section 3(3)). Pay through a traceable channel and keep the receipts. Do not hand over the full price before the transfer is ready for registration.

7. Complete the transfer

The transfer must be stamped and registered, and the title issued in your name. A sale is not complete until the register shows it.

The Land Registration Act, 2012 and the Land Act, 2012 are the main statutes. Read the current versions for the rules that apply to your type of land.

This article is general information, not legal advice. Instruct an advocate before you pay a deposit.

Cover photo by Jakub Żerdzicki on Unsplash.