Buying Property in Kenya? How the Conveyancing Process Really Works

The thought of finally owning something in your name is a dream many share.
Conveyancing is the legal process of transferring property ownership from a seller to a buyer.
When carrying out due diligence, don’t stop at a title search. Go deeper.

Buying property is an exciting milestone. The thought of finally owning something in your name is a dream many share. But as thrilling as it is, it comes with its fair share of risks. Delays, shady deals, and outright scams are all too common. That’s why doing proper due diligence isn’t just smart, it’s essential.

This entire legal journey of transferring property ownership is called conveyancing, and in this article, we’ll break it down step by step.

Table of Contents

What Is Conveyancing?

Conveyancing is the legal process of transferring property ownership from a seller to a buyer. It involves property searches, drafting and reviewing contracts, paying the required taxes and fees, and ensuring the final transfer is registered at the Land Registry.

Why does this matter? Because without proper conveyancing, a buyer could unknowingly purchase land tied up in a court case, mortgaged to a bank, or even sold to multiple people. For sellers, it guarantees they get paid fairly and that the transfer is legally binding.

Typically, a licensed advocate handles the conveyancing process on behalf of the buyer or seller, liaising with the Land Registry, financiers, and other parties to make sure everything is above board. In Kenya, the process can take several weeks, sometimes months, depending on due diligence checks and how fast the documents move through government offices.

The Conveyancing Process Step by Step

Here’s how it usually plays out:

1. Offer and Acceptance

The journey starts when the buyer makes an offer, and the seller accepts. This agreement is usually captured in writing and sets the stage for everything that follows.

2. Sale Agreement

The advocates (lawyers) draft and review the Sale Agreement. This document spells out the purchase price, payment timelines, and any conditions. Never sign one without your lawyer reading every line.

3. Due Diligence

This is the most critical stage. Your lawyer conducts a title search at the Lands Registry to confirm:

The seller is the legitimate owner.
The property is free of loans, disputes, or caveats.
The land’s zoning and use match your intended purpose.

Skipping this step is like buying a car without checking if it’s stolen.

4. Stamp Duty and Taxes

Before transfer, the buyer pays stamp duty usually 2–4% of the property’s value depending on location. Both buyer and seller also need to clear any outstanding land rates or taxes.

5. Transfer and Registration

The transfer forms are prepared, signed, and lodged with the Lands Registry. Once processed, the buyer’s name is entered as the new owner, and a new title deed is issued.

6. Final Handover

After registration, the buyer takes possession. This includes keys, utility accounts, and any agreed handover details. From this point, the property is legally yours.

NB: When carrying out due diligence, don’t stop at a title search. Go deeper. Scrutinise the property’s ownership history. Talk to neighbours. If the land ever belonged to a deceased person, insist on seeing succession documents including letters of administration authorising the sale.

This level of caution might feel extreme, but it’s necessary. Sadly, there are countless cases of buyers who have lost their investment even after “doing their due diligence.” A thorough investigation is the only true safeguard.

Key Players You’ll Encounter

Buyer and Seller: The main parties in the transaction.
Advocates: Each side needs a lawyer to safeguard their interests.
Land Registry: The government body that maintains property records.
Banks/Financiers: If a mortgage is involved, they play a central role in disbursing funds.

Common Pitfalls to Avoid

Skipping due diligence: The fastest way to get conned.
Relying only on brokers: Always verify documents with a lawyer.
Underestimating timelines: Bureaucracy moves slowly — plan for delays.
Ignoring hidden costs: Stamp duty, registration fees, and legal charges add up.

What Does Conveyancing Cost?

Legal fees: Usually charged as a percentage of the property value (set by the Law Society of Kenya guidelines).
Stamp duty: 2% (rural areas) or 4% (urban areas) of the property value.
Registration fees: Relatively small but necessary.
Other charges: Title searches, land rates clearance, and incidental expenses.

Tips for a Smooth Conveyancing Process

Always engage a licensed advocate, don’t cut corners.
Conduct your own searches, even if the seller provides documents.
Understand the payment milestones before committing funds.
Keep all records and receipts safely, they may save you later.

Conclusion

Conveyancing may sound like a mountain of paperwork, but it’s really your shield against risk. Done right, it ensures that the property you buy is truly yours, free from hidden claims and future headaches. With the right lawyer, patience, and thorough checks, the process can be smooth and that long-awaited title deed will be worth every step.