Buying land safely
The checks, consents and paperwork that protect a buyer from fraud and void sales.
Checked against the law on 16 October 2026
What the law requires
A contract to sell land is only enforceable if it is in writing, signed by all parties and each signature is attested by a witness.
Law of Contract Act (Cap 23) — s.3(3)(opens Kenya Law)Selling or charging agricultural land needs Land Control Board consent, applied for within six months of the agreement; without it the deal is void.
Land Control Act (Cap 302) — s.6, s.8(1)(opens Kenya Law)Matrimonial property cannot be sold during a marriage without the consent of both spouses.
Matrimonial Property Act 2013 — s.12(opens Kenya Law)Stamp duty on a transfer is generally 4% of the value in municipalities and 2% elsewhere, paid before registration.
Stamp Duty Act (Cap 480) — transfers of land(opens Kenya Law)
Checks before you pay
Get an official search from the land registry (or Ardhisasa where available) dated close to completion; confirm the owner and any charges, cautions or restrictions.
Meet the registered owner in person, check their ID against the title, and visit the land with a surveyor to confirm the beacons.
Pay through your advocate’s client account or an escrow arrangement — never cash to an agent.
Check the parcel for court cases and Gazette notices before you commit — Verisha’s free land snapshot does this.
Time limits that apply
- Apply for Land Control Board consent to an agricultural land sale — 6 months
- Recover land someone else is occupying — 12 years
Where to get help
- Law Society of Kenya Check that an advocate is licensed for this year before you pay them, and find an advocate near you.
- Ministry of Lands registry / Ardhisasa Official searches, transfers and consent applications.
Every situation is different. Ask Verisha with your facts — answers cite the law.
Ask VerishaInformation, not legal advice. Check the official source, or an advocate, before you act.