Yes, foreigners can safely buy and own property in Kenya, but ownership is restricted to leasehold titles for a maximum of 99 years. Non-citizens are not permitted to hold freehold land.

Land dealings in Kenya are often fraught with inconsistencies, hidden encumbrances, and severe legal risks. Conducting exhaustive due diligence such as official land registry searches and physical site verifications ensures that you invest in a clean title. Failing to conduct due diligence exposes you to the risk of investing in fraudulent or defective titles. We conduct rigorous due diligence on behalf of our clients to protect them from these risks.

A meticulous search goes far beyond simply verifying the registered owner’s name. It uncovers whether the property has been charged as collateral for a bank loan, carries active court caveats, has unpaid land rates and rent liabilities, or is subject to court or boundary disputes. Uncovering these issues early prevents costly financial and legal liabilities.

Under the Sectional Properties Act, a sectional title is an individual certificate of title or lease issued for a specific unit (such as an apartment, townhouse, flat, or office) within a larger multi-storey development. It grants the owner independent legal ownership of their specific indoor unit and a proportionate share in the development’s common property; such as walkways, stairwells, and shared amenities.

Buying off-plan means purchasing a property while it is still under construction or in the design phase. It offers lower prices and potential value appreciation. However, it carries risks like potential construction delays. We assist clients with off-plan purchases by conducting comprehensive due diligence on the developer’s title, project approvals and track record. We negotiate contract terms that protect you before you pay any deposits and sign any documents, thereby minimizing the risk.

Ardhisasa is an online platform where you can access land services offered by the government, including property transfers, payment of land rent, obtaining Land Registry searches etc. We can assist you to register an Ardhisasa account.

Title conversion is the mandatory migrating of all land parcels in Kenya from outdated, repealed land registration regimes into a single, unified registry system under the Land Registration Act. This process digitizes land records through the Ardhisasa platform, replacing old parcel (land reference) numbers and deed plans with new title numbers and transparent Registry Index Maps (RIMs). We can effectively assist with your conversion of title.

In addition to the property purchase price, a buyer should budget for due diligence costs, a mandatory tax called stamp duty (typically 4% of the property value in urban areas, and 2% of the property value in rural areas), costs for registration of title in your favour and your property lawyer’s legal fees. Engaging a property lawyer is a critical investment that safeguards your funds and prevents costly disputes down the line.

Costs include your advocate’s legal fees and costs for obtaining completion documents such as any approvals for the sale. You may be required to pay a tax called Capital Gains Tax (CGT) which is 15% of the net gain from the sale of the property, unless you are legally exempt from payment of CGT.

Every industry has vastly different operational demands, meaning an office space, a restaurant, or an industrial warehouse (go-down) requires uniquely tailored lease clauses. A generic lease template often leaves landlords exposed by failing to properly address sector-specific liabilities, fit-out periods, service charge breakdowns, rent escalation structures, or specialized dispute resolution mechanisms. We prepare sector specific leases tailor-made for our clients’ needs.

A commercial lease that is not in writing, or contains a provision for termination other than for breach of covenant, or has a duration of five years or less creates a “controlled tenancy” under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act. This grants the tenant severe protections, restricting the landlord’s ability to increase rent or terminate the tenancy. Disputes must be referred to the Business Premises Rent Tribunal. We explicitly structure and negotiate leases to align with your intended commercial freedom.

In a market where there are significant risks, having a property lawyer in Kenya is essential to protecting your investment. A good property lawyer will conduct due diligence to ensure you are investing in clean title. They will ensure that your interests are protected in the agreement for sale and will see to it that your transaction is conducted legally and expeditiously. 

Just reach out to us by phone, email or through our Contact Form. We will get back to you and discuss your matter either by phone or in person, and tell you how much it will cost. We will then sign a legal services agreement with you setting out our legal services, legal fees and costs. We typically require payment of a deposit of legal fees and costs before proceeding with the matter. 

We are guided by the Advocates Remuneration Order which sets out the legal scale fees to charge. For sales and purchases of property, the scale fees are calculated on the basis of the property purchase/sale price. For preparation of leases and tenancy agreements, the legal fees are calculated on the basis of the annual rent reserved in the lease.