Conveyancing · Title due diligence · Leases
Property, Conveyancing and Real Estate Law in Kenya
In Kenyan property, the money is usually lost before completion, not after it. It is lost by paying a deposit against a title nobody independently verified.
Property work we handle
- Title due diligence and searches
- Residential and commercial conveyancing
- Property acquisition for investors
- Foreign and diaspora buyers
- Commercial leases
- Agricultural land and Land Control Board consent
- Sectional titles and apartments
and 6 further areas set out below
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.
ExploreCommercial 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.
ExploreInfrastructure 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.
This page describes the legal framework in general terms and is not legal advice. Legislation and regulator practice change; the position below was reviewed on 26 August 2026. Advice on your own circumstances requires an engagement with the firm.
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.
Legal insights
Further reading on property & real estate
- Property LawThe Nine Searches Every Nairobi Property Purchase Needs Before You PayEvery fraudulent title we have seen would have failed at least one of nine standard searches. The searches cost less than the loss.
- Property LawKenyan Conveyancing, Step by Step: What Should Happen in Each of the 60 DaysA clean Kenyan conveyance takes about sixty days. The ones that take six months usually stalled at a consent nobody applied for early.
- Property LawFake Title Deeds in Kenya: How the Fraud Works and How to Detect ItTitle fraud in Kenya rarely involves a forged document. It usually involves a real document and a person with no right to sell.
- Property LawBuying Property in Kenya as a Foreigner: The Constitutional Limits Nobody ExplainsArticle 65 of the Constitution caps foreign land ownership at leasehold. Most overseas buyers discover this after paying a deposit.
- Property LawCoastal Land in Mombasa: Why Title There Is Different, and RiskierCoastal title carries a century of layered claims. A search that satisfies you in Nairobi is not sufficient in Mombasa.
- Property InvestmentNairobi Real Estate as an Asset Class: Structuring, Yield and Legal RiskThe structure you buy through decides your tax on exit. Most investors decide it after they have found the building.
Common questions
Questions we are asked most
Related Gracen Law Services
Work that sits alongside property & real estate
Most matters in this area touch at least one of the following. Each links through to the relevant Gracen Law practice or sector page.
- Property & LeasingProperty and projects structured to protect value and reduce risk.
- Dispute ResolutionDisputes resolved to protect value and achieve practical outcomes.
- Estate PlanningWealth and succession structured to protect future generations.
- Construction, Property, and Projects
- Foreign Investors and Diaspora Clients
- Banking, Finance, and Investments
Request a consultation
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.
Confidentiality guaranteed. All communications with Gracen Law are protected by legal professional privilege. Your information is never shared with third parties.
Send us a message
We respond within 2 business hours. Fields marked * are required.
Reviewed by the Gracen Law property & real estate team · Last reviewed 26 August 2026