Last reviewed: 17 October 2026. This guide is general information, not legal advice. Laws, fees and procedures change, so confirm each step with a practising advocate before you pay.
Buying land in Kenya while you live in Dallas, Leeds, Dubai or Doha is very common, and most purchases go smoothly. The ones that go wrong usually fail for the same few reasons: the buyer trusted a document instead of the registry, paid before checks were done, or let one person on the ground control the money, the paperwork and the information.
This guide sets out the process in the order it should happen. It is the first part of our series on buying property in Kenya from abroad. Later parts go deeper on the title search, scams, remote viewing, paying safely and mortgages.
Before you start: who can own what
- Kenyan citizens can hold freehold or leasehold land.
- Non-citizens can hold land only on leasehold, for a term of up to 99 years, under Article 65 of the Constitution.
- Dual citizens. Under Article 16 of the Constitution, a Kenyan citizen by birth does not lose citizenship by taking another nationality. In practice your advocate will want a valid Kenyan ID or passport to prove it.
- Companies. A company counts as a citizen for land purposes only if it is wholly owned by Kenyan citizens. If you plan to buy through a company with a non-Kenyan shareholder, get advice first.
Step 1: Decide exactly what you are buying
Write down the purpose before you look at a single plot. A residential plot near a town, an agricultural parcel, a plot in a gated scheme and an off-plan apartment are four very different purchases with different risks.
| Question |
Why it matters |
| Freehold or leasehold? |
Leasehold land carries annual land rent and a term that runs down. Check the years left. |
| Agricultural or urban? |
Agricultural land usually needs Land Control Board consent. Urban land usually attracts the higher stamp duty rate. |
| What will you do with it? |
Building needs county planning approval. Some zones restrict plot sizes or use. |
| Is it a subdivision of a bigger parcel? |
Plots sold off a "mother title" may not have their own titles yet. |
| Do you need access to water, power and a road? |
Many cheap plots are cheap because access is poor in the rainy season. |
Step 2: Build a realistic budget
The price on the listing is not the cost of the land. Budget for these too:
| Cost |
Who usually pays |
Typical basis |
| Stamp duty |
Buyer |
Currently 4% of value in cities, municipalities and gazetted towns, 2% elsewhere, on the higher of the price or the government valuation. Confirm the rate for the parcel with your advocate. |
| Advocate's fees |
Each party pays their own |
Guided by the Advocates Remuneration Order. Ask for a written fee quote. |
| Official search, registration and consent fees |
Buyer, mostly |
Small fixed fees charged by the registry or Ardhisasa. |
| Surveyor |
Buyer |
Agreed fee for confirming beacons and the survey map. |
| Valuation |
Buyer |
Needed for stamp duty assessment and for any bank loan. |
| Capital gains tax |
Seller |
15% of the seller's gain since 1 January 2023. Your advocate may ask for proof it is handled. |
Many buyers keep a buffer of several percent of the price for these costs. Get each figure in writing from the professional who will charge it.
Step 3: Build your team before you choose the land
The most important protection for a buyer abroad is independence: the people checking the land should not be the people selling it.
- Your own advocate. Choose an advocate who acts only for you, not for the seller or the agent. Check that they hold a current practising certificate on the Law Society of Kenya portal (online.lsk.or.ke). The certificate runs from 1 January to 31 December, so check the current year.
- A licensed surveyor. They confirm that the beacons on the ground match the survey records and that the plot you saw is the plot on the title.
- A trusted person on the ground, ideally someone with no financial interest in the sale. Their job is to visit, film and report, not to handle money.
- An estate agent, if you use one. Agents must be registered with the Estate Agents Registration Board (EARB) under the Estate Agents Act. The Board publishes registered agents on its website. On Kenya Home Search you can deal directly with owners, so you may not need an agent at all.
Step 4: Shortlist from abroad
Use listings that give you as much evidence as possible before anyone travels:
- Photos of the plot, the access road and the neighbouring properties
- A video walk of the boundary, ideally with the beacons visible
- A map with the location and, for land, a drawn plot outline (indicative only, not a survey)
- The title number or parcel number, which you will need for the search
You can browse land for sale and filter by county, then message owners directly on WhatsApp, phone or email. If you cannot find the right plot, tell us what you need on Find me a home and matching owners can contact you.
Step 5: Viewing, from a distance and on the ground
Start with a live video call with the owner. Ask them to walk the boundary, point the camera at each beacon, show the access road and turn around slowly at each corner so you can see neighbouring plots. Our remote viewing checklist lists what to ask.
Then send your surveyor and your trusted person. They should:
- Confirm the beacons and the acreage against the survey records
- Check for occupation, structures, graves, crops or anyone claiming the land
- Talk to neighbours and the local area administration about the owner and any disputes
- Check whether part of the plot sits on a road reserve, riparian land or a wayleave for power lines
Step 6: Due diligence, before any money moves
Your advocate should run and document these checks:
- Official search at the land registry or on Ardhisasa, confirming the registered owner, the size and any charges, cautions or restrictions. See how to do a land search.
- Seller identity. The name and ID number on the search must match the seller's original ID. If the seller is a company, check its current company records and the authority of the person signing.
- Spousal consent. Under the Land Registration Act, a buyer must ask whether the seller's spouse has consented to the sale of matrimonial property. Courts have set aside sales made without it.
- Succession. If the registered owner has died, only a legal administrator with a confirmed grant can sell, and only in line with that grant.
- Rates and land rent. Ask for the county rates clearance and, for leasehold land, the land rent clearance.
- Planning. For building plots, check with the county planning office what can be built there.
- Survey records. Your surveyor compares the registry index map or deed plan with what is on the ground.
Step 7: The sale agreement
Do not sign a seller's "standard" agreement without your own advocate reviewing it. A good agreement covers:
- The parcel number, price, deposit and balance, and when each is paid
- Who holds the deposit. It is common for the deposit to be held by an advocate as stakeholder until completion
- The completion period and what happens if consents or registration are delayed
- The documents the seller must hand over at completion (original title, signed transfer, consents, clearances, ID and PIN copies, photos)
- What happens if a check fails: you should get your money back in full
Step 8: Consents
- Land Control Board consent. For agricultural land in a land control area, the Land Control Act requires an application for consent within six months of the agreement. A transaction without the required consent can become void, so your advocate should diary this date.
- Spousal consent, as above.
- Head lessor consent, where a leasehold title requires it.
Step 9: Paying
Pay only by bank transfer into an account you have confirmed by phone, ideally your own advocate's client account, and only against signed documents. Never pay into a personal mobile money number, and never pay because someone says "the price goes up tomorrow". Our guide to paying for property from abroad covers bank checks, receipts and payment fraud in detail.
Step 10: Transfer, stamp duty and registration
- The seller signs the transfer and hands over the completion documents.
- Your advocate applies for stamp duty valuation and pays stamp duty. Since the national stamp duty module rolled out in early 2026, this is processed online through the Ministry of Lands' systems (Ardhisasa and ArdhiPay), with an electronic receipt.
- The transfer is lodged for registration.
- Once registered, run a fresh search showing you as the owner, and collect your title document or the registry confirmation.
Platform outages do happen. In September 2026 Ardhisasa had downtime that affected searches, transfers and stamp duty payments. Build time into your agreement for delays outside either party's control.
If you cannot sign in person: power of attorney
Many buyers abroad give a trusted person a specific power of attorney limited to this one property and this one transaction. Keep it narrow: name the parcel, the actions allowed and an end date.
- A power of attorney signed abroad normally has to be authenticated, for example at a Kenyan embassy or high commission, or by a notary whose signature is then legalised. Ask your advocate which form the registry will accept for the country you live in.
- A power of attorney used for land dealings should be stamped and registered with the lands registry before it is used.
- Revoke it formally when the transaction is finished.
After you buy
- Visit, or send your surveyor, to re-confirm the beacons and fence the plot.
- Pay county rates and any land rent every year and keep the receipts.
- Keep scanned and original copies of every document in two places.
- Repeat an official search from time to time, especially if the land stays vacant.
Quick checklist
- Own advocate with a current practising certificate
- Official search obtained by your advocate, not supplied by the seller
- Seller ID matches the registered owner
- Surveyor confirmed beacons and size
- Spousal and Land Control Board consents in place where needed
- Signed sale agreement reviewed by your advocate
- Payments only to confirmed bank accounts, with receipts
- Transfer registered and a fresh search shows your name
Find land with more evidence up front
Kenya Home Search lets owners list for free and lets you contact them directly, with no commission. Look for listings with video, a drawn boundary and the Verified Owner badge, then run your own checks as above. Start with land for sale, read about our property verification service, or visit the diaspora hub.