WKA Advocates’ Guide to Avoiding Pitfalls When Buying Land or a House in Kenya

Don’ts

1. Don’t send money directly to the seller (vendor) or their agent unless advised by your advocate. Avoid paying in hard cash to ensure there is a money trail.
2. Don’t buy or sell/lease land or apartments without involving a qualified advocate. Your advocate will guide you and recommend other essential experts like qualified surveyors and valuers.
3. Don’t make a decision to buy land based solely on radio and TV adverts or media influencers. Conduct a simple Google search for any cases or complaints against the sellers.
4. Don’t ignore this advice, or it may end in premium tears.

Who Sells Land/Houses in Kenya?

• Reputable real estate firms (Ensure they are licensed and check for any court cases against them)
• Saccos, churches, chamas, cooperatives, financial trusts, companies, individuals, and communities
• Private developers and licensed estate agents/brokers on behalf of owners for a commission

Do’s

1. Do a first site visit physically or through your power of attorney to ensure the land is vacant.
2. Upon your advocate’s advice, engage a qualified surveyor to map out the beacons on a second site visit.
3. Inform your confidants/family/spouse of your intentions to buy/sell land or an apartment. They may provide valuable opinions or better options.
4. After a phone call or oral chat, always write an email/WhatsApp/text message to confirm what was discussed. Ensure you have written evidence or minutes of the meeting.

What Are the Types of Land Classification?

• Private, Public, or Community Land: Refer to the NDUNG’U LAND REPORT to ensure the land was not acquired illegally.
• Freehold or Leasehold: Freehold indicates absolute proprietorship/ownership, often for agricultural land. Leasehold is for a term like 99 years.
• Apartments/Townhouses: Classified as sectional properties.

Important Notes

• A certificate of allotment/share certificate is not a title deed. Do not be deceived.
• There is no such thing as a “ready title” or “clean title”. The title must be legally transferred to you.
• Hiring a qualified advocate is not expensive. Advocate fees are guided by the Advocates’ Remuneration Order. Better safe than sorry! Avoid any agreements claiming to cost USD 30/KES 3,000.
• All agreements involving land/houses must be in writing, signed, and properly witnessed.

Which Consents Do You Need?

• Land Control Board Consent: The board consists of assistant county commissioners and village elders. A controlled transaction is declared void if this consent is not obtained within six months. Cost: USD 10/KES 1,000 or special sitting USD 50/KES 5,000.
• County Land Management Board Consent
• Spousal Consent: As they have matrimonial property rights.
• Financial Institutions (Banks): If the property was charged (used to secure a loan).
• Other Authorities: Kenya Airports Authority (KAA), Kenya Railways, Kenya Civil Aviation Authority (KCAA), Kenya Ports Authority (if land is adjacent), and trustees of national parks.

For further information or legal assistance, please contact us at info@wka.co.ke, visit www.wka.co.ke, or call +254 798 03 580. Our Nairobi Hub is located at Parklands, Valley View Business Park, 6th Floor, City Park Drive, Off Limuru Road.

Authors:

• Founding Partner: William Karoki
• Lawyer: Florence Mwende