Property fraud in Kenya rarely looks like fraud at the time. It looks like a seller with a title deed, a plausible explanation for why the transaction needs to move quickly, and a price that is attractive but not absurd. The document is often genuine — it is the seller's authority to deal with the land that is not.
This is why the sequence matters more than the paperwork. An official search at the registry, verification that the person selling is the registered proprietor or is properly authorised, confirmation that the land is not charged, subject to a caution or restriction, or affected by a compulsory acquisition, and — for agricultural land — Land Control Board consent. Deposits paid before those steps are complete are frequently unrecoverable in practice, whatever the contract says.
The process itself has also changed. Since 16 February 2026, stamp duty is assessed and paid exclusively through the ArdhiSasa National Stamp Duty Module, and physical submissions are no longer accepted at land registries. Separately, the gazetting of urban areas by the Council of Governors in April 2024 moved many locations from the 2% stamp duty band to 4%, which on a substantial purchase is a material change to the acquisition budget.
Areas of work
Property work we handle
Title due diligence and searches
Official searches, verification of the registered proprietor, and investigation of encumbrances, cautions, restrictions and overriding interests. The step most often compressed under time pressure, and the one that most often prevents a loss.
Residential and commercial conveyancing
Acting on purchases and sales from offer through to registration: sale agreement, completion documents, stamp duty via the ArdhiSasa module, and registration of the transfer.
Property acquisition for investors
Buy-side advice on investment property, including structure, holding vehicle, and the diligence that a rental or development return actually depends on.
Foreign and diaspora buyers
Advice for non-citizens on the Article 65 leasehold restriction, on structuring through a Kenyan company where appropriate, and on transacting safely from abroad where the buyer cannot attend in person.
Explore 05Commercial leases
Acting for landlords and tenants on office, retail, warehouse and industrial leases — term, rent review, service charge, repair obligations, and whether the tenancy attracts statutory protection.
ExploreAgricultural land and Land Control Board consent
Transactions in agricultural land, where the Land Control Act requires Land Control Board consent and a transaction that proceeds without it becomes void. A frequent and expensive oversight.
Sectional titles and apartments
Acquisitions and developments under the Sectional Properties Act, 2020, including conversion of old long-lease structures, unit titles, common property and management company arrangements.
Development land and property development
Site acquisition, planning and change of user, development agreements, and joint ventures between landowners and developers where the land is contributed rather than sold.
Construction and projects
Construction contracts, consultant appointments, and the payment and delay provisions that determine what happens when a project runs behind.
Explore 10Infrastructure and large projects
Land assembly, wayleaves and access rights for infrastructure and energy projects, including compulsory acquisition and compensation questions.
ExploreProperty finance and security
Charges and mortgages over land, discharge on redemption, and acting for borrowers or lenders on the security package for a property acquisition or development.
Property holding structures
Holding property through a company, trust or other vehicle for succession, asset protection or co-ownership between family members or investment partners.
Title fraud and rectification
Acting where a title is disputed, forged or wrongly registered, including rectification of the register and proceedings in the Environment and Land Court.
The law that applies
The Kenyan land law framework
Kenyan land transactions run on a small group of statutes and one constitutional restriction that determines what a non-citizen can hold at all. These are the provisions that most often decide whether a transaction is safe.
Constitution of Kenya, Article 65
A person who is not a citizen may hold land on leasehold tenure only, and no such lease may exceed 99 years. Any instrument purporting to confer a greater interest on a non-citizen takes effect as a 99-year lease and nothing more.
This applies to companies too: a company is treated as a citizen only if it is wholly owned by Kenyan citizens, so a foreign-owned company faces the same restriction.
Land Registration Act, 2012
Governs registration of title and interests in land, the effect of registration, and the searches that give a buyer notice of what affects the property. Registration is what makes a transfer effective — an unregistered transfer leaves the buyer exposed regardless of payment.
Land Act, 2012
Governs dealings in land including leases, charges, easements and compulsory acquisition, and sets out the procedure and compensation framework where land is acquired for public purposes.
Land Control Act (Cap 302)
Requires Land Control Board consent for transactions in agricultural land, including sale, transfer, lease, charge and subdivision. A controlled transaction for which consent is not obtained within the statutory period becomes void — a defect that cannot be cured by the parties' agreement.
Sectional Properties Act, 2020
Provides the modern framework for apartments and unit developments, including sectional plans, unit titles and common property, and the conversion of older long-lease arrangements into sectional titles.
Stamp Duty Act and the ArdhiSasa stamp duty module
Stamp duty is charged at 4% of the assessed value for urban land and 2% for rural land, and an unstamped instrument cannot be registered. The Council of Governors gazetted a list of urban areas on 4 April 2024, moving many locations from the 2% band to 4%.
From 16 February 2026, stamp duty is assessed and paid exclusively through the ArdhiSasa National Stamp Duty Module. Physical submissions are no longer accepted at land registries.
Who we act for
Who we act for on property matters
Individual buyers and sellers
Buying a home or plot and wanting the title independently verified before any money moves.
Property investors
Building a portfolio and needing diligence, holding structure and lease documentation that stands up over time.
Diaspora and foreign buyers
Purchasing from abroad, subject to the Article 65 leasehold restriction, and needing someone independent on the ground rather than relying on the seller's agent.
Developers
Acquiring sites, structuring joint ventures with landowners, and dealing with change of user and planning consents.
Landlords and commercial tenants
Negotiating or renewing leases, or dealing with rent, service charge and repair disputes.
Corporates and institutions
Taking premises, acquiring operational property, or disposing of surplus real estate as part of a wider transaction.
Verify the title before you pay the deposit
Send us the title details and the seller's particulars. We will run the searches, confirm who is actually entitled to sell, and tell you what the transaction requires before any money moves.
How we work
How a property transaction runs with us
- 01
Pre-contract investigation
Official search, verification of the proprietor and their authority to sell, and identification of encumbrances or consents required — before any deposit is paid.
- 02
Agreement
Negotiation of the sale agreement, with completion conditioned on the consents and clearances the property actually needs rather than on an assumed timetable.
- 03
Consents, duty and completion
Land Control Board consent where applicable, valuation and stamp duty through ArdhiSasa, rates and rent clearances, and the exchange of completion documents.
- 04
Registration and handover
Registration of the transfer and any charge, collection of the registered title, and confirmation that the register reflects what you paid for.
Common questions
Questions we are asked most
Can a foreigner buy land in Kenya?
A non-citizen can hold land only on leasehold tenure, for a term not exceeding 99 years, under Article 65 of the Constitution. If a document purports to grant freehold or a longer lease to a non-citizen, it takes effect as a 99-year lease regardless of its wording. The restriction extends to companies: a company counts as a citizen only if it is wholly owned by Kenyan citizens, so a foreign-owned Kenyan company is in the same position. Structuring is possible in some situations but needs to be done properly, since arrangements designed to disguise beneficial foreign ownership carry real risk.
How much is stamp duty on property in Kenya?
Stamp duty is 4% of the government-assessed value for land in urban areas and 2% for rural land. The band matters more than it used to: on 4 April 2024 the Council of Governors gazetted a list of urban areas, and many locations that previously attracted 2% now attract 4%. Since 16 February 2026 assessment and payment run exclusively through the ArdhiSasa National Stamp Duty Module, and land registries no longer accept physical submissions. Duty is calculated on the government valuation, not the price you agreed, so the two should be checked against each other early in the budget.
What due diligence should I do before buying land in Kenya?
At minimum: an official search at the land registry to confirm the registered proprietor and any encumbrances; verification that the person dealing with you is that proprietor or holds a valid power of attorney; confirmation that there is no caution, restriction or charge on the title; a physical site visit to check occupation and boundaries against the deed plan; rates and land rent clearance; and, for agricultural land, Land Control Board consent. Where a company owns the land, a company search is needed as well. Deposits paid before these are complete are the single most common way buyers lose money in Kenya.
What is Land Control Board consent and when is it needed?
Under the Land Control Act, transactions in agricultural land — sale, transfer, lease, charge or subdivision — require the consent of the relevant Land Control Board. If consent is not obtained within the statutory period, the transaction becomes void, and the parties cannot agree their way around that. Whether land is agricultural for this purpose is not always obvious from its current use, which is why the classification should be confirmed at the outset rather than assumed.
How long does conveyancing take in Kenya?
A straightforward transaction with clean title and no consents required can complete in a matter of weeks. What extends it is usually one of a few things: Land Control Board consent, which runs on the board's sitting schedule; a title defect that has to be corrected before transfer; a discharge of an existing charge where the seller's lender is slow; or rates and rent clearances. Building those into the timetable at the start produces a more honest completion date than assuming the best case.
Can I buy property in Kenya from abroad?
Yes. It is normally done through a properly drawn power of attorney, and the practical priority is having genuinely independent representation here — an advocate acting for you, not one recommended by the seller or the agent. Funds should be transferred against verified title and through traceable channels. The Article 65 leasehold restriction applies if you are not a Kenyan citizen, so it is worth establishing what interest you can actually acquire before committing to a purchase.