FREQUENTLY ASKED QUESTIONS ON LAND – PART II

1. HOW DO I TRANSFER LAND IN KENYA?
2. Conduct a search. A search is a document from the Land Registry showing the details of the land, such as the current owner, the size, and if there are any encumbrances or restrictions.
3. Apply for a Consent to transfer at the Office of the Commissioner of Lands. The Land Control Board, which sits either once or twice a month, is responsible for this issuance. Both the buyer and seller must be in attendance. The documents required are:

• The original and a copy of the title deed.
• A current search.
• A spousal consent.
• Copy of the I.D of both the seller and buyer.
• Copy of KRA PIN of both the seller and buyer.
• Executed application for consent forms.

If the board approves this transaction, it will issue a letter of consent to the owner.

• The next step is valuation. This is done by a valuer who is at the land registry. The purpose of this is to know the amount of stamp duty to be paid. The documents required are:

• A current search
• Land Control Board letter of consent
• A sketch map of the area
• A spousal consent
• A copy of the title
• An application form

The valuer will indicate the value of the property on the application form and stamp it, and also give you a valuation report.

• Present the valuation report to the Ministry of Lands Registry for the assessment of the amount of stamp duty to be paid. It is then paid at the bank indicated, and the receipt taken back to the Registry.
• After that, you need to book the documents. The following documents are required at the Lands’ Registry:

• The original title deed
• Land Control Board letter of consent
• Spousal consent
• Valuation report
• Copies of I.D and KRA PIN of both the buyer and seller
• Executed Transfer forms
• Two passport photos each, of both the buyer and seller
• Application form for registration
• Payment slip for the stamp duty

An official of the Ministry of Lands will go through them to ascertain that they are in order. He will then stamp the application form, and give you the booking number which shall be used in tracing the progress of the process.

The whole process can take 14 to 21 days.

• THE RESULTING DOCUMENTS

If your registration is successful you will receive the following documents:

• An original title deed with the name of the buyer
• Registered transfer forms
• The pay in slip of stamp duty.
• CAN A FOREIGNERACQUIRE LAND IN KENYA?

Yes, foreign investors are allowed by the Kenyan law to acquire property in the country. The Constitution, the Land Act and the Land Registration Act have clearly stated that any person, either individually or as a group, can acquire land in Kenya. However, as we saw in our previous post, foreigners can only acquire land via lease, and even that is for a maximum of 99 years.

By Andrew Wanga and Victory Wanjohi

www.mmsadvocates.co.ke