Buying land in Kenya: the checks that come before the money

Land fraud in Kenya rarely involves a forged title alone. It involves a genuine title, a seller who is not the registered owner, and a buyer who paid before the search came back.

Start with the official search

An official search at the relevant land registry shows the registered proprietor and any encumbrances — charges, cautions, restrictions. It is the first document to obtain and the cheapest step in the whole transaction.

Then the rest of the file

• Land rates clearance certificate from the county
• Land rent clearance where the title is leasehold
• Valuation for stamp duty purposes
• Consent to transfer, and Land Control Board consent for agricultural land
• Identification of the seller, and a spousal consent where the land is matrimonial property

Structure the payment

The deposit belongs in an advocate's client account against an executed sale agreement — not in a personal account, and not "to hold the plot". The agreement should say precisely what happens to it if completion fails and whose fault that is.

Do not stop at the agreement

The transaction is complete when the transfer is registered in your name and you hold the title, not when the money is paid. Follow the registration through, then run a fresh search to confirm it.

General information, not legal advice on your matter.