So you want to buy land in Kenya? Whether you want to develop the land, build a family or retirement home, you won’t find a better environment.  Kenya is renown for its spectacular climate, happy people with beautiful souls and very friendly. Nonetheless, there’re a few legal issues you will need to take care of to own that piece of land that made your heart leap with joy.

What is the legal process of buying land in Kenya? 

The constitution allows you to buy land in any part of Kenya, but you must follow set procedures.

Legal Procedure

Identify the land you want to buy

Scout around area of interest and identify the land you want to buy. If it meets your specific requirements in terms of size, location and soil type proceed to the next step.

Lands registry visit

At the land registry office, an officer will conduct a search once you’ve filled a Search Application Form. This should take approximately two hours. Get a copy of the title deed from the seller in order to facilitate the search. The search is very important.It brings up details such as the registered owner of the land, the acreage and any cautions attached to the deed.

County office visit

This office will bring up any unpaid land rates to be included in the buying price. There is a fee attached to this search.

Get some maps!

You need at least two land maps from the Land Ministry or a surveyor at a small fee. One is a drawn-to-the-scale map and the other shows the land plus adjacent neighbouring plots.

Verification

Verification stage involves visiting the land together with the seller to authenticate the size of it. If you’re satisfied that everything is accurate, erect beacons to avoid possible skirmishes in the future.

Sale agreement

Get the services of a lawyer to represent you in the signing of the agreement. A sale agreement is usually crafted by the seller’s lawyer. It includes the terms of sale that contain your name and that of the seller. It also includes the price, payment mode and all documentation the seller will provide for transfer purposes.

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Clearance with the LCB

Your next stop is the Land Control Board where local elders and county commissioners sit to ensure land transactions are open and free of illegalities. For a higher fee, you can have a special meeting set up if pressed for time.

Transfer and acquisition of documentation

At this point, you will make the payment and the seller will sign the transfer forms. You can then progress to the Ministry of Lands with the following:

• The LCB consent form
• County land search clearance form
• 3 passport size photos
• KRA PIN Certificate
• Sale Agreement
• Old title deed

These will facilitate the transfer of ownership of the land.

Transfer stamping

Finally, apply for land valuation by the government valuer using the Valuation Form filled by the seller. The lands office will then compute the stamp duty.

No doubt it is quite a process buying land in Kenya but once you have done all the above, you are assured of problem-free land ownership.

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