From the official search to a new title in your name — every step of transferring land in Kenya, the documents you need, the costs to budget for and how long it takes.
Buying land is one of the biggest investments most Kenyans will ever make — and one of the easiest to get wrong. A land transfer is only complete when it is registered at the land registry. Paying the purchase price or holding a signed agreement does not, on its own, make you the owner. This guide walks through the land transfer process in Kenya for a typical sale, including land in Kajiado, Kitengela, Isinya and Ngong.
Step 1: Carry out due diligence before you pay
Obtain an official search to confirm the registered owner and any charges, cautions or restrictions on the title. Check the registry index map, visit the land, confirm the beacons and verify the seller’s identity. Our due diligence checklist for buying land in Kajiado explains each check in detail.
Step 2: Sign a written sale agreement
Under section 3(3) of the Law of Contract Act, a contract for the sale of land must be in writing, signed by all the parties and attested by a witness who was present when each party signed. A well-drafted agreement should cover:
- the parties, the parcel number and the purchase price;
- the deposit, and how and when the balance will be paid — ideally in a traceable way, such as through an advocate’s client account;
- the completion period and the documents the seller must hand over;
- who pays which costs, and what happens if either party defaults.
Most agreements also incorporate the Law Society of Kenya Conditions of Sale, which fill in many standard terms.
Step 3: Obtain the necessary consents
- Land Control Board consent — required for most dealings in agricultural land, which includes much of the land in Kajiado County. The application should be made within six months of signing the agreement; a transaction without the required consent can become void.
- Spousal consent — where the land is matrimonial property, the seller’s spouse should consent to the sale.
- Lessor’s consent — for leasehold land, the lease may require the consent of the lessor before it is transferred.
Step 4: Gather the completion documents
On completion, the seller usually provides:
- the original title deed or certificate of lease;
- the transfer form, signed by the seller and the buyer and properly attested — usually by an advocate;
- copies of the national ID cards (or passports) and KRA PIN certificates of both parties, plus passport-size photographs;
- the Land Control Board consent and, where needed, spousal consent;
- a rates clearance certificate from the county government and, for leasehold land, a land rent clearance certificate;
- where the seller is a company, the board resolution authorising the sale and the company’s registration documents.
Step 5: Valuation, stamp duty and Capital Gains Tax
The land is valued for stamp duty purposes, and stamp duty is generally calculated on the higher of the purchase price and the value assessed by the government valuer. The usual rates are 4% for land within a municipality and 2% for land outside municipalities. Stamp duty is paid through the Kenya Revenue Authority, and proof of payment is lodged with the transfer.
The seller is separately responsible for Capital Gains Tax, currently 15% of the net gain made on the sale, which is paid to KRA in connection with the transfer.
Step 6: Lodge the transfer for registration
The signed transfer and supporting documents are lodged at the land registry where the land is registered. In registries that operate on the Ardhisasa platform, searches, transfers and payments are made online. Once the registrar is satisfied, the transfer is registered, the register is updated and a title or certificate is issued in the buyer’s name.
Step 7: After registration
- Collect the new title and keep it somewhere safe, with certified copies stored separately.
- Update the county rates records so that future demands come to you.
- Fence or mark the land and take possession promptly.
- Write or update your will so the land passes smoothly to your family — see how to write a valid will in Kenya.
How long does a land transfer take in Kenya?
A straightforward transfer often takes between one and three months from signing the agreement, depending on when the Land Control Board sits, how quickly the valuation is done and the registry’s workload. Problems with the title, missing consents or a boundary dispute can take much longer — which is exactly why they should be identified before you pay.
Transferring land to family, or after a death
A gift of land to a spouse or child follows a similar process, using a transfer by way of gift. Land belonging to a person who has died cannot be transferred until the court has issued and confirmed a grant of representation — see how succession works in Kenya.
Frequently asked questions
Can I transfer land in Kenya without an advocate?
Transfer instruments must be properly executed and attested, and in practice they are usually prepared and witnessed by an advocate. Mistakes in documents, consents or stamp duty can delay registration or put your money at risk, and an advocate also holds money and documents safely until both sides have performed.
Who pays stamp duty — the buyer or the seller?
The buyer normally pays stamp duty and registration fees, while the seller pays Capital Gains Tax and clears any rates or land rent arrears. The sale agreement can provide otherwise.
What is Land Control Board consent?
It is approval from the local Land Control Board for a sale, transfer, lease or charge of agricultural land. Boards usually sit about once a month, and the parties or their representatives normally attend.
Our conveyancing team handles searches, agreements, consents, stamp duty and registration for buyers and sellers across Kajiado County and beyond. Book a consultation before you sign or pay.
