Buying your first home in Kenya is exciting, but it can also be overwhelming. The Kenyan property market has its unique challenges — from title deed complications to unfinished developments. This checklist will help you avoid the most common pitfalls.
1. Verify the Title Deed
This is the single most important step. Visit the Lands Registry (Ardhi House in Nairobi or the relevant county office) and conduct an official search. The search costs KES 520 and confirms:
- The registered owner matches the person selling to you
- The property size matches what you were told
- There are no caveats, charges, or court orders on the property
- The title is genuine (not a forgery)
Never skip this step. Never accept a photocopy. Always see the original title deed.
2. Check Land Rates Clearance
Request a rates clearance certificate from the county government. This confirms all property taxes are paid up to date. Outstanding rates become your liability as the new owner. In Nairobi, unpaid rates can accumulate quickly — we've seen arrears of KES 200,000+ on apartments.
3. Confirm Building Approvals
For apartments and houses, verify that the building was constructed with proper NCA (National Construction Authority) approval and that it has an occupation certificate. Unapproved buildings can be demolished by the county government — this has happened in Nairobi multiple times.
4. Get an Independent Valuation
Don't rely on the seller's price alone. Hire a registered valuer (check the Institution of Surveyors of Kenya directory) to give you an independent market valuation. This typically costs KES 15,000–30,000 but can save you millions by ensuring you're not overpaying.
5. Conduct a Physical Survey
For land purchases, hire a licensed surveyor to confirm the boundaries match the title deed. Boundary disputes are among the most common property conflicts in Kenya. The surveyor will place beacons and give you a survey plan — keep this document forever.
6. Do an Encumbrances Search
Beyond the basic land search, ask your lawyer to check for:
- Existing mortgages: Is the property used as collateral for a bank loan?
- Succession issues: Was the property inherited? If so, was probate properly completed?
- Spousal consent: Under Kenyan law, both spouses must consent to the sale of matrimonial property
- Pending litigation: Is anyone suing the owner over this property?
7. Review the Sale Agreement Carefully
Never sign a sale agreement without your lawyer reviewing it. Key clauses to watch:
- Payment schedule: Typically 10% deposit, balance within 90 days
- Completion date: When must the transfer be done?
- Default penalties: What happens if either side backs out?
- Vacant possession: When must the seller vacate?
- Fixtures included: Are kitchen cabinets, wardrobes, and fittings part of the sale?
8. Understand the Full Cost
The purchase price is not the total cost. Budget for these additional expenses:
- Stamp duty: 4% of the property value (2% for first-time buyers in some cases)
- Legal fees: Typically 1–2% of the purchase price
- Valuation fee: KES 15,000–30,000
- Land search: KES 520
- Registration fee: Varies by county
- Moving costs, renovations, and furnishing
"A good property lawyer costs KES 50,000–100,000. A bad property decision costs you millions. Always invest in proper legal advice." — Law Society of Kenya
Take your time. Ask questions. Verify everything independently. And when in doubt, walk away — there will always be another property.