Land is the single largest purchase many Kenyans will ever make, and also one of the most common sources of fraud and litigation. Most land disputes we see could have been avoided with proper checks before any money changed hands. This checklist sets out the due diligence every buyer should complete before signing a sale agreement or paying a deposit.
1. Get the basic documents from the seller
Ask for a copy of the title deed or certificate of lease, the seller’s national ID and KRA PIN, and the land reference or title number. If the seller is a company, ask for its registration documents and a board resolution authorising the sale. If the seller is acting under a power of attorney or as an administrator of an estate, ask to see the registered power of attorney or the confirmed grant.
Be cautious if the seller cannot produce the original title, cannot be reached in person, or insists on dealing only through an agent.
2. Carry out an official search
An official search confirms who the registered owner is and whether the land is affected by any registered interest. It will show:
- the registered proprietor, which must match the seller;
- any charge (mortgage) in favour of a bank;
- any caution, restriction or inhibition that prevents dealings with the land; and
- the size of the land and, for leasehold land, the term of the lease.
Where the registry is on Ardhisasa, you can apply and pay online. Elsewhere, the search is done at the relevant Land Registry. Conduct the search yourself or through your advocate, never rely on a search the seller hands you, and repeat it just before completion.
3. Confirm the land on the ground
A clean search does not prove that the land you were shown is the land on the title. Instruct a licensed surveyor to compare the registry index map with the ground, locate the beacons, and confirm the acreage and access road. Visit the land yourself, ideally more than once, and speak to neighbours and the area chief. Find out whether anyone is living on or farming the land, and whether there are boundary disputes or family claims.
Also check physical planning restrictions. Land within a road reserve, riparian reserve or way-leave cannot be lawfully developed, whatever the title says.
4. Check consents
- Land Control Board consent. Agricultural land is generally subject to the Land Control Act. Consent of the relevant Land Control Board must be applied for within six months of the sale agreement. Without it, the transaction can become void.
- Spousal consent. Where the land is a matrimonial home or matrimonial property, the seller’s spouse must consent to the sale. Obtain a signed spousal consent or a statutory declaration confirming the seller’s marital status.
- Lessor’s consent. For leasehold land, check whether the lease requires the consent of the lessor, often the county government or the national government, before the land is transferred.
5. Clear rates and rent
Ask for a land rates clearance certificate from the county government, and for leasehold land a land rent clearance certificate. Arrears stay with the land, and the transfer will not be registered without these clearances.
6. Check for court cases
A pending case over the land is a serious red flag even if no caution has been registered. Your advocate can search the Judiciary’s case records and Kenya Law for suits involving the land or the seller.
7. Sign a proper sale agreement
The sale agreement should be prepared by an advocate and should state the parties, price, deposit, completion date, completion documents and what happens if either side defaults. Many agreements incorporate the Law Society Conditions of Sale. The deposit, commonly 10%, is best held by an advocate as stakeholder until completion rather than paid directly to the seller.
8. Budget for the costs
- Stamp duty is payable on the transfer, generally at 4% of the value for land within a municipality and 2% for land outside one, based on a government valuation.
- Registration fees, search fees, consent fees and the survey fee.
- Legal fees for both the transaction and the due diligence.
9. Register the transfer
On completion, the transfer and supporting documents are lodged for registration, and the land is registered in your name. Only registration transfers ownership. Until then you hold, at most, a contractual claim against the seller.
Red flags of land fraud
- The price is well below market value, and you are pressured to pay quickly.
- The seller asks you to pay cash or into a third party’s account.
- The title was issued very recently, or the seller says the title is “being processed”.
- Original documents are unavailable, or the search results differ from what the seller told you.
- Someone other than the seller is occupying or using the land.
Frequently asked questions
Is an Ardhisasa search enough?
It is an essential starting point, not the whole of due diligence. A search reflects the register, but it cannot tell you about the physical position of the land, occupation, unregistered family claims or pending cases.
Can I buy land from a deceased person’s family?
Only from the administrators named in a confirmed grant, and in line with the distribution the court approved. A sale by relatives without a confirmed grant is unlawful and puts your money at risk.
How long does a land purchase take?
A straightforward purchase of urban land can complete within a few weeks. Agricultural land needing Land Control Board consent, or land with title issues, takes longer.
How we can help
We carry out full due diligence, prepare and review sale agreements, and manage completion and registration for buyers and sellers. Where things go wrong, we act in land disputes. To discuss a purchase, contact Odek Law Advocates before you pay any money.
This article provides general information on Kenyan law as at October 2026 and is not legal advice. Please seek advice on your specific transaction.