Conveyancing Due Diligence in Kenya: What to Verify Before a High-Value Acquisition

A land purchase in Kenya is only as secure as the diligence that precedes it. Fraudulent titles, undisclosed charges and unresolved family claims continue to cost purchasers dearly, often years after the purchase price has been paid. Thorough due diligence is the purchaser's first and best protection.

Start at the registry

An official search at the relevant land registry confirms the registered proprietor, the nature of the title and any registered encumbrances such as charges, cautions, restrictions or inhibitions. The search should be recent and repeated close to completion, because the register can change between signing and transfer.

The search alone is not enough. Where the circumstances justify it, the purchaser's advocate should inspect the parcel file and confirm that the history of the title is consistent.

Verify the land on the ground

A registered survey and a site visit confirm that the land being sold is the land described in the title, that boundaries match the registry index map, and that there are no occupants or structures inconsistent with the vendor's account.

Check the vendor, not just the title

Confirm the vendor's identity and capacity to sell. For a company, review its records and the resolutions authorising the sale. For an individual, establish whether spousal consent is required for matrimonial property, and whether the land forms part of an estate that has not been administered.

Red flags that should pause a transaction

The following should prompt further enquiry before any money changes hands:

• Pressure to pay a deposit before searches are complete
• A vendor who cannot produce the original title or explain its history
• Recent, unexplained transfers of the property
• Occupants on the land who are not party to the sale
• Discrepancies between the title, the survey map and the physical boundaries

Completion and beyond

Statutory approvals such as Land Control Board consent for agricultural land, clearance certificates for rates and rent, valuation for stamp duty and lodging of the transfer for registration must all be managed carefully. Completion monies should be held by advocates on agreed undertakings until the transfer is registered.

Every transaction is different. We recommend instructing an advocate before signing any agreement or paying any deposit.