Buying land is a major investment, and land fraud remains a real risk. The good news is that most problems can be found — and avoided — before you pay. This checklist sets out the key steps in a safe purchase.

Before you pay anything

  1. Conduct an official search. Confirm at the land registry, or on the Ardhisasa platform where the registry has gone digital, who the registered owner is and whether the land is charged to a bank or has cautions or restrictions.
  2. Verify the seller. Check that the person selling is the registered owner — or has a court grant or power of attorney to sell — and confirm their identity documents.
  3. Visit the land with a surveyor. Confirm that the plot on the ground matches the plot on the map, and that the beacons are in place.
  4. Check consents. Agricultural land generally needs Land Control Board consent. Where the land is a matrimonial home, the spouse's consent is required.
  5. Check rates and rent. Obtain clearance certificates confirming that land rates and, for leasehold land, land rent are paid up.

The sale agreement

A written sale agreement should set out the price, the deposit, the completion period, who pays which costs, and what happens if either side fails to complete. It is common for a deposit of around 10% to be paid on signing and the balance on completion, with the advocates holding the money as stakeholders until the transfer is registered.

Completion and registration

  • The seller signs the transfer and hands over the original title and completion documents.
  • The property is valued and stamp duty is paid — generally 4% in cities and municipalities and 2% elsewhere.
  • The transfer is lodged and registered, and a new title is issued in the buyer's name.

Red flags

  • A seller who insists on cash or on paying before a search.
  • A price far below the market value of comparable plots.
  • Pressure to sign quickly “before another buyer pays”.
  • Missing original title or a title that looks altered.

A short call with an advocate before you commit can save years of litigation. Bonuke & Co. Advocates handles conveyancing in Kisii and across Kenya.