LAND TITLE TRANSFER PROCESS IN KENYA.

Land in Kenya is riddled with conmen and fraudsters and the buying process most times takes a turn in an unimaginable direction. Therefore, the process of purchase of land has to be done in a very careful manner to avoid buying land tainted with fraud. Every Purchaser should have the process of land transactions in your fingertips to avoid being a victim malicious persons. 

In summary, the following are simple but well-defined steps taken in the process of acquiring land legally in Kenya:

• Application for Land search.

Once you have identified the land you would like to purchase, it is important to do your due diligence and conduct a search on that property.

A land search provides the Purchaser with important information regarding the property he/she is planning to buy including, the ownership of the land, its size, its correct address, existence of any encumbrances etc.

Land Registration Act Sec 34 – A person who requires an official search in respect of any parcel, shall be entitled to receive particulars of the subsisting entries in the register, certified copies of any document, the cadastral map, or plan filed in the registry upon payment of the prescribed fee.

You will be required to apply for a Land search by filling 3 identical application forms and attaching other documents like:

• Copy of proof of ownership of land (the title deed),
• Applicant’s copy of KRA PIN Certificate
• Applicant’s Identity Card

A land search certificate will be issued around 2 – 5 days after application and it will have the above-mentioned information.

• Preparation of a Sale Agreement.

Section 3 of the Law of Contract Act provides that no suit shall be brought upon a contract for the sale of land if the Contract is not in writing, not signed and the signatures have not been attested by witnesses. It is therefore very important to have a sale agreement, not just because it is provided for by the law, but also because this document protects the rights of both parties. It is important to have it stamped by an Advocate too, this makes it legally binding. The Agreement outlines the terms and conditions of the sale and includes information such as the full names of the parties and their personal information, the purchase price of the land, details of the land, terms of payment etc.

• Consent by the County Land Control Board.

The Land Act provides that LCB Consent should be obtained within 60 days after the signing of the Agreement.

The above-mentioned Board comprises of the Area Elders, Land Officers and the County Commissioner. They sit once a month and deliberate on requests to consents to transfer land.  However, if you need your hearing heard earlier, a special board sitting can be arranged in 7 days, but one will have to part with about 20,000/-. The normal meeting only costs 1000/- per applicant.

The seller and the vendor must both be in attendance, this is to ensure that both parties have mutually agreed on the land transaction. The Board will also require the parties to provide proof of spousal consent and if one is not married, one will have to produce an affidavit stating the same.

The Board might refuse to give consent for the transfer and its decision is final and cannot be questioned in any Court. 

• Valuation of the Land.

This is done by the Government Valuer and its main purpose is to ascertain the value of the property so as to know the amount to be paid as stamp duty.

The seller has to fill a valuation form and attach 2 maps. The First map is the general map of the subject plot and the adjacent parcels. The other one is the Mutation which shows the exact dimensions of the subject plot. The above maps will be provided by the Ministry of Lands. The Valuer will visit the land, value it and prepare a valuation report.

• Payment of Stamp Duty.

Payment of Stamp Duty on land is provided for in Section 10A of the Stamp Duty Act. The Seller will present the report obtained upon Valuation of the Land to the Land Registry Office where the stamp duty to be paid will be calculated.

Stamp Duty is assessed at 2 percent on Land in Rural Areas and 4 percent on Land in Municipalities. The amount must be paid within 30 days after the valuation report is obtained or else the seller will be required to redo the valuation.

• Obtaining Land Rates and Rent Clearance Certificates.

The Constitution of Kenya provides the basis for National and County governments to charge property taxes on land. Rates are payable to the County Governments whereas rent is paid to the National Government. Both payments can be made online via the Ardhi Sasa Portal.

• Lodge the Transfer Documents

After following the above steps, one should have the following documents:

1. A copy of the title deed
2. The land search documents
3. LCB Consent.
4. The signed Sale Agreement
5. The Valuation Report
6. The Stamp duty declaration and pay-in-slip
7. Land rent clearance certificate
8. Land rates clearance certificate
9. A copy of both parties’ national IDs
10. A copy of both parties’ KRA Pins

Both parties will be required to execute a Transfer Document and together with the above listed documents, they should attach

1. Passport Photos – 3 photos from each party
2. Affidavit of Spousal Consent

Change of land ownership takes around two weeks, and the registration fee payable to the Land Ministry is Kshs. 1,500.

After successful registration, you will now get the title in your name. This is the final step you could take to re-confirm that the property is indeed formally registered in your details. Conduct a land search one or two weeks after getting your title.

CONCLUSION

Although some purchasers may opt to handle the transaction themselves, a property lawyer has a better understanding, more comprehensive information, and the foresight to advise on the required procedures. When completing a transaction as significant as purchasing Land, you should definitely consult an Advocate.

The Advocates Act provides that no person shall be qualified to act as an Advocate unless—

1. He has been admitted as an Advocate
2. His name is in the Roll of Advocates
3. He has a practicing certificate

The Act further provides that an unqualified person should not take instructions, or draw or prepare documents or instruments relating to conveyancing. 

The Advocates Remuneration Order sets the minimum amounts Advocates charge for their professional services.

As a premier Law Firm, We at Maina & Partners LLP provide end-to-end services for our clients to assist them with executing the transfer of properties into their names. With over two decades of experience and in-depth understanding of the nuances that govern transfer of such properties across Kenya, coupled with our network of highly experienced lawyers and specialists in this field, we can rightly claim to be the premier firm in Kenya providing this turnkey service of executing transfers for any kind of property across Kenya, that is completely compliant with the prevalent laws and statutes.

You can contact us on 0707777777 or 0748063679 or angeline@maina-partners.com. Questions and comments can also be posted on the comment box below and we will be more than happy to answer them.