Understanding the Conveyancing Process in Kenya
Understanding the Conveyancing Process in Kenya

Conveyancing is the process of transferring ownership of a property from one person to another. It is a complex process that involves a number of steps, including:

  1. Finding a property: The first step is to find a property that you want to buy. You can do this by searching online, through real estate agents, or by word of mouth.
  2. Making an offer: Once you have found a property that you want to buy, you will need to make an offer to the seller. The offer should be in writing and should include the price that you are willing to pay, the terms of the sale, and the closing date.
  3. Negotiating the offer: The seller may accept your offer as-is, or they may counteroffer with a different price or terms. You will need to negotiate with the seller until you reach an agreement on all of the terms of the sale.
  4. Carrying out a title search: Once you have reached an agreement with the seller, you will need to carry out a title search. A title search is a legal investigation that will confirm that the seller actually owns the property and that there are no liens or other encumbrances on the property.
  5. Getting a valuation: You will also need to get a valuation of the property. A valuation is an estimate of the market value of the property. The valuation will be used to calculate the amount of stamp duty that you will need to pay.
  6. Paying stamp duty: Stamp duty is a tax that is paid when you transfer ownership of a property. The amount of stamp duty that you will need to pay will depend on the value of the property.
  7. Preparing the transfer documents: Once you have paid stamp duty, you will need to prepare the transfer documents. The transfer documents are the legal documents that will transfer ownership of the property from the seller to you.
  8. Booking the transfer: Once the transfer documents are ready, you will need to book the transfer with the Land Registry. The Land Registry is the government department that records all property ownership in Kenya.
  9. Paying the transfer fees: There are a number of fees that you will need to pay to the Land Registry when you transfer a property. These fees will vary depending on the value of the property.
  10. Signing the transfer documents: Once you have paid the transfer fees, you will need to sign the transfer documents. The transfer documents will be stamped and registered by the Land Registry.
  11. Getting the title deed: Once the transfer documents have been registered, you will be issued with a title deed. The title deed is the legal document that proves that you own the property.

The conveyancing process can be complex and time-consuming. It is important to get professional help from a lawyer or conveyancer to ensure that the process is completed correctly.

Here are some additional things to keep in mind about the conveyancing process in Kenya:

  • The conveyancing process can take anywhere from a few weeks to a few months to complete.
  • The cost of conveyancing will vary depending on the value of the property and the complexity of the transaction.
  • You will need to provide the lawyer or conveyancer with a number of documents, including your identity documents, the seller's identity documents, the property's title deed, and the valuation report.
  • You will need to pay the lawyer or conveyancer's fees, as well as the stamp duty and other fees associated with the transfer of the property.

I hope this article has been helpful. We at Lugogo Odhiambo Advocates we are ready to help you through the entire process.