Buying or selling property in Kenya is a big step. Whether you are a first-time land buyer, a property investor, or someone in the land sales industry, one thing you cannot ignore is the conveyancing process. If you are unfamiliar with the term, this guide will explain everything in simple terms.
At Chepchieng and Company Advocates, we work with local and international clients to make the conveyancing process in Kenya smooth, safe, and legally compliant.
In this article, we will walk you through every detail, from the meaning of conveyancing to the fees, timelines, and common mistakes to avoid.
What is Conveyancing in Kenya?
Conveyancing in Kenya is the legal process of transferring property ownership from one person to another. This could be land, a house, or commercial property. It ensures that the buyer becomes the legal owner and the seller’s interests are protected.
When people search for “conveyancing meaning,” they confuse it with registration. While land registration is about recording ownership in government records, conveyancing is the broader legal process that covers title deed verification, sale agreement preparation, payments, and the transfer of the title deed.
Conveyancing is necessary if you are dealing with property in Kenya for sale. Without it, your ownership could be challenged, or you could face disputes in the future.
Steps in the Conveyancing Process in Kenya
The conveyancing process in Kenya follows clear steps. At Chepchieng and Company Advocates, we guide you through each of these to ensure compliance with land law in Kenya.
1. Letter of Offer and Acceptance
The buyer and seller sign an offer letter, showing intent to buy and sell.
2. Due Diligence
The buyer’s lawyer searches the Land Registry of Kenya to confirm ownership.
The lawyer also checks for disputes, charges, or restrictions on the property.
3. Drafting and Signing the Sale Agreement
A sale agreement in Kenya is prepared by the seller’s lawyer and reviewed by the buyer’s lawyer.
At this stage, the buyer usually pays a deposit, often 10%.
4. Consent to Transfer
Application for consent from the Land Control Board (for agricultural land) or the relevant authority.
5. Payment of Stamp Duty
The buyer pays stamp duty, part of Kenya’s government property tax.
6. Title Deed Transfer
The seller’s lawyer prepares transfer documents.
The buyer’s lawyer lodges the documents at the Land Registry of Kenya for processing.
7. Registration and Issuance of Title Deed
The buyer’s name is registered as the new owner, and a new title deed is issued.
These steps make up the whole land transfer process in Kenya.
How to Transfer Property in Kenya
To transfer property, you need to go through the steps above, but the most essential parts are:
- Having a valid sale agreement in Kenya.
- Obtaining consent to transfer.
- Paying land transfer fees and stamp duty in Kenya.
- Submit the signed transfer forms to the Land Registry of Kenya.
Whether you transfer property after a sale, a gift, or an inheritance, the process must be registered legally to update ownership.
How Much Are Conveyancing Fees in Kenya?
The Advocates Remuneration Order regulates the cost of conveyancing in Kenya. Lawyers charge based on the value of the property. On average:
2% to 4% of the purchase price as legal fees.
Stamp duty (1% for property outside and 4% within municipalities).
Registration fees and land transfer fees in Kenya.
Other minor costs may include consent fees and valuation charges. At Chepchieng and Company Advocates, we always provide a clear breakdown so you know the total cost before starting.
Role of a Lawyer in Conveyancing in Kenya
A conveyancing lawyer in Kenya is not just a formality. The lawyer plays a key role in:
- Conducting due diligence to confirm ownership.
- Preparing and reviewing the sale agreement.
- Advising on taxes, stamp duty, and legal requirements for land transfer.
- Ensuring compliance with land law in Kenya.
- Facilitating safe payment through escrow or stakeholder accounts.
- Registering the title deed transfer.
You risk fraud, double sales, or invalid ownership without a lawyer.
Documents Needed for Conveyancing in Kenya
When handling real estate conveyancing in Kenya, you will need several documents. These include:
- Original title deed.
- National ID or passport for buyer and seller.
- KRA PIN certificates.
- Passport photos.
- Sale agreement.
- Land rent and rates clearance certificates.
- Consent to transfer.
- Valuation report.
These documents make the property transfer in Kenya legal and valid.
How Long Does Conveyancing Take in Kenya?
On average, conveyancing in Kenya takes between 30 and 90 days. The timeline depends on:
- How fast does the Land Registry process applications?
- Clearance of land rates and rents.
- The speed of obtaining consent to transfer.
Delays can happen if documents are missing, disputes exist, or backlogs at the Land Registry Kenya.
Difference Between Conveyancing and Land Registration in Kenya
Many people confuse these two.
Conveyancing: The entire legal process of transferring property ownership.
Land Registration: A step within conveyancing where ownership is officially recorded in government records.
So, while you may hear people use them interchangeably, property conveyancing in Kenya is broader.
Conveyancing Process for Foreigners Buying Property in Kenya
Foreigners can also buy property in Kenya, but there are restrictions under the Constitution and land law in Kenya.
- Foreigners cannot own freehold agricultural land. They can only lease it for up to 99 years.
- For urban property, foreigners can buy under leasehold terms.
- The process is similar but requires careful legal guidance to comply with constitutional and statutory limits.
At Chepchieng and Company Advocates, we assist international investors with property purchase in Kenya, ensuring compliance with the law.
Common Mistakes in Conveyancing in Kenya
Here are some mistakes to avoid:
1. Skipping due diligence – Not confirming ownership and charges.
2. Using unqualified agents – Relying on brokers instead of licensed lawyers.
3. Not clearing rates and rents – leading to delays in registration.
4. Paying money directly to sellers – Instead of secure stakeholder accounts.
5. Poorly drafted sale agreements – Missing important terms like payment timelines.
Avoiding these mistakes saves you money, time, and legal disputes.
Why Work with Chepchieng and Company Advocates?
Property transactions in Kenya are high-value and require precision. At Chepchieng and Company Advocates, we:
- Offer expert advocates in conveyancing.
- Handle both local and foreign clients.
- Guide you through the legal process of buying land in Kenya.
- Ensure compliance with all legal requirements for land transfer.
- Provide a transparent cost of conveyancing in Kenya.
We believe in protecting our clients’ investments and making property ownership safe and stress-free.
Final Thoughts
Understanding conveyancing in Kenya is key to safe property ownership. The process must be handled carefully if you look at land for sale in Kenya and houses or commercial property. With the right lawyer, the title deed transfer in Kenya becomes smooth and legally binding.
At Chepchieng and Company Advocates, we make the process clear and secure. If you are planning a property transaction, talk to us today.
Frequently Asked Questions (FAQs)
1. What is the conveyancing process in Kenya?
The conveyancing process in Kenya is the legal procedure of transferring property ownership from the seller to the buyer. It starts with a letter of offer, then due diligence at the Land Registry of Kenya, signing a sale agreement, obtaining consent to transfer, paying stamp duty, and finally registering the title deed under the buyer’s name.
2. What is the meaning of conveyancing?
Conveyancing means the legal transfer of ownership of land or property from one person to another. It covers the checks, contracts, payments, and registration needed to make the buyer the rightful owner.
3. How much is a conveyancing fee in Kenya?
The cost of conveyancing in Kenya depends on the property value. Based on the Advocates Remuneration Order, lawyers usually charge between 2% to 4% of the purchase price as legal fees. Buyers also pay stamp duty, land transfer fees, and registration costs.
4. How long does conveyancing take in Kenya?
Conveyancing in Kenya typically takes 30 to 90 days. The timeline depends on how fast the Land Registry processes documents, how quickly the consent to transfer is obtained, and whether there are delays in clearing land rates or other legal requirements.
5. What is the conveyancing process in Kenya?
The conveyancing process in Kenya is the legal procedure of transferring property ownership from the seller to the buyer. It starts with a letter of offer, then due diligence at the Land Registry of Kenya, signing a sale agreement, obtaining consent to transfer, paying stamp duty, and finally registering the title deed under the buyer’s name.
6. What is the meaning of conveyancing?
Conveyancing means the legal transfer of ownership of land or property from one person to another. It covers the checks, contracts, payments, and registration needed to make the buyer the rightful owner.
7. Why is conveyancing important in Kenya?
Conveyancing is essential because it protects both buyers and sellers. It ensures the property is legally transferred, the title is valid, and there are no hidden disputes. Without conveyancing, a buyer risks fraud, double ownership claims, or buying land that cannot legally be sold. It also makes the transfer smooth and recognized by law.
8. Who handles conveyancing in Kenya?
Lawyers or licensed conveyancers handle conveyancing. In Kenya, the law requires that a qualified advocate prepare and oversee property transactions. A conveyancing lawyer in Kenya ensures all legal requirements are followed, the sale agreement is valid, and the title deed transfer is registered correctly.
