A genuine Kenyan land title deed is the pride and proof of any property owner in Kenya.

In the recent past, the “Kenya Land Process,” i.e., search, transfer, and related services, has baffled and challenged many. The system or process was seen as corrupt, not transparent, opaque, tedious, and full of cartels and conmen. Luckily, this is now an issue of the past. 

The Ministry of Lands has done a major cleanup of the registry to fight cartels and eradicate fake titles. The system is simpler, with major changes made to ensure the operation of a registry system that produces and supports the operation of genuine title deeds. Let’s look at the new 5-step automated new land title search and registration process that now takes a maximum of 90 days.

1. Step 1: Official Land Title Search
2. Step 2. Obtain land transfer documents.
3. Step 3. Obtain Stamp DUTY valuation.
4. Step 4. Pay Stamp Duty
5. Step 5. Land Registration Process
6. STEP 6: Confirm Registration of New Title.
7. Summary of the Fees to Process and Genuine Title Deed in Kenya
8. Kenyan Validity and Land Tenure System
9. Summary of Documents Used in Land Search and Registration in Kenya
10. Ministry of Lands Office Locations & Contacts

Firstly, the Ministry no longer accepts manual registries and payments, and all land-related payments must be online-based. You can easily search for land online from the comfort of your home or office through the Kenya land registry online search platform, E-Citizen.

All applications for land title deeds and transfers of ownership is done with the help of a lawyer, real estate agent, or land surveyor.

The process in Kenya’s 47 counties is not yet fully standardized in terms of land rates or even the steps of acquiring a land title deed, with some fully online and others manual or done in person. 

The steps in Land Title Search and Registration or process of acquiring a genuine land title deed in kenya are as follows.

Step 1: Official Land Title Search

This stage will establish the officially registered owner of land and if the tile is a genuine Kenyan Land Title Deed. The process may be done both manually (in-person) or online.

1. Apply In-Person:
   1. Apply at the ministry of lands and physical planning headquarters or in any of their Land Offices in the local district/ Sub County by paying a fee of Ksh 500 for the search; submit a duly filled search application (form RL 26) and attach the copy title document. The land search at the Lands office takes an average of 3 days.
   2. After a search be issued with a stamped Certificate of Official search (form RL 27) showing the status of the land.
   3. Required documents.
   4. Duly filled Application for Official Search (Form RL 26)
   5. Proof of land ownership
   6. KRA PIN certificate (copy)
   7. Identity card (copy) for the applicant if Kenyan. or Foreign national registration certificate- alien card (copy) For foreigners who are residents in Kenya
   8. Passport (copy) for the applicant if a non-citizen.
      
2. Apply Online

How to do an online land search in Kenya

1. Log onto the e-citizen portal E-Citizen and sign up
2. Click on the Ministry of Land, Housing & Urban Development link and choose the land search option
3. Enter the title number and fill out the online land search form Kenya and submit..
4. Confirm the details and proceed to pay using the available payment method which can be a debit card, credit card, M-Pesa, or bank transfer. One is required to pay a fee of Ksh 500 for the search.
5. Once the payment is confirmed, the applicant can proceed to print the results, and if you choose not to, the information will always be available on the portal anytime you log in.
   

Step 2. Obtain land transfer documents.

1. Obtain a County Rates Clearance Certificate
   1. Contact your lawyer to obtain a notarised land transfer document and apply, pay, and obtain a rates clearance certificate from the County Government.
   2. The seller’s lawyer will consult the local county government lands office in a process that can take up to five days at the cost of Ksh. 10,000. The rates clearance certificate will outline any outstanding fees due to the County’s office. The Lawyer’s fees will be calculated according to the value of the land.
2. Settle Any Outstanding Land Rates
   1. Upon payment of all outstanding Land Rates at the Local County Governments and upon an application and payment of the prescribed fees. The respective County Governments shall issue a Land Rates clearance certificate.
3. Apply and Obtain Land Rent Clearance Certificate from the Commissioner of Lands
   1. Upon payment of outstanding Land rent and on application, the commissioner of lands issues a Land rent clearance certificate. This certificate is proof that there are no outstanding fees to be paid to the County Government
4. Apply and Obtain Consent to transfer from the commissioner of Lands
   1. The consent to transfer leasehold land held by the government under the repealed Act is required to be obtained from the National Land Commission. Upon payment and issuance of Both Land rent certificate and Land rate certificate, an application is made in writing by the lawyer to the commissioner of lands, and the prescribed form is executed for consent to transfer the desired property. Upon payment of the prescribed amount, consent to transfer is issued. This process takes nine days at the cost of Ksh. 1,000.
5. File the transfer instrument at the Lands Office for assessment of stamp duty payable on the transfer
   1. The draft transfer is done by the buyer’s lawyer and the transfer instrument has to be approved by the seller’s counterpart before it’s filled at the land’s office to be assessed for Stamp Duty. After the lawyer’s approval, the instrument is submitted for assessment of stamp duty at the Lands registry. The stamp duty is 4% of property value for urban lands and 2% for rural lands. The stamp duty amount to be paid is indicated when the application is filed, but it takes approximately 7 days to obtain the receipt of payment (obligated to pay with a banker’s check) from the bank. The payment is made directly at the Lands Office.

Step 3. Obtain Stamp DUTY valuation

1. Receive/Facilitate inspection by a land officer
   1. Once the draft transfer has been filed at the land office, an inspector will visit the site to verify the development and state of the property. Due to lack of transport, in practice, the inspector often has to be picked up in person and driven to the site. There are no prior appointments made and the actual inspection may happen within one day or, in the worst case, one month. However, note that this time is not limited and in some cases, entrepreneurs may wait months for a valuation. Once the evaluator has inspected the property, a report is compiled in which the value is endorsed on the transfer.
2. Obtain a valuation of the property by Government evaluator
   1. The inspector will visit the site to evaluate and verify the indicated purchase price of the property in order to ensure accurate tax payment. If the assessed value differs from the one indicated by the parties, an additional payment is requested.

Step 4. Pay Stamp Duty

1. Assessment, Endorsement and Payment of Stamp Duty Value
   1. Complete the Stamp Duty process where the stamp duty assessment officer will assess the stamp duty payable and indicate the amount on the forms. This takes three days.
   2. Payment of Stamp Duty 
      1. By a banker’s check to the Commissioner of Domestic Taxes on behalf of the Commissioner of Lands. made through approved commercial banks that include the Kenya Commercial Bank and The National Bank of Kenya. It takes four days for the Kenya Revenue Authority to confirm receipt of payment.
      2. This Stamp Duty is payable online via the KRA Itax portal
2. Obtaining Franked documents
   1. After payment of stamp duty, the transfer documents are submitted for franking to confirm that any charges or taxes, such as the stamp duty on those documents have been paid.

Step 5. Land Registration Process

1. Pay Ksh 500 Land Title Registration Fees
   1. Pay Ksh 500 to obtain a booking form.
   2. Lodge the completion documents with the Lands Office for registration of the transfer
   3. The franked transfer documents are lodged for registration at the Lands Office. The seller’s lawyer obtains these documents which include; the original certificate of Title, Rates Clearance Certificate, Land Rent Clearance Certificate, and the consent transfer. This process takes 12 days.
      1. Duly filled booking form
      2. Consent to transfer land (copy)
      3. Official land search (original)
      4. Land rates clearance receipt (copy)
      5. Land rent certificate (copy)
      6. Transfer instrument (3 original + copy)
      7. Identity card (copy)
      8. PIN certificate (copy)
   4. This process takes two weeks and Ksh. 5,000 is charged to obtain process a new title deed certificate.
2. After successful registration, receive New Document
   1. An original title deed in the name of the new buyer
   2. Registered transfer forms
   3. The pay in a slip of stamp duty
   4. Post-purchase activity

STEP 6: Confirm Registration of New Title.

After a week or two, you as the buyer should do another search with the ministry of Lands to confirm that the land is now under your name. 

Required Documents

• Duly filled Application for Official search Form RL 26
• Proof of land ownership
• PIN certificate (copy)
• Identity card (copy) for the applicant if Kenyan.
• Foreign national registration certificate- alien card (copy) For foreigners who are residents in Kenya
• Passport (copy) for the applicant if a non-citizen.
• Duly filled booking form
• Consent to transfer land (copy)
• Official land search (original)
• Land rates clearance receipt (copy)
• Land rent certificate (copy)
• Transfer instrument (3 original + copy)

Summary of the Fees to Process and Genuine Title Deed in Kenya

The following are the fees required to process a genuine title deed in Kenya

Item		Ksh
1	Official land search fee	500
2	Land rates clearance certificate fee (Varies by county) e.g. Ksh 10,000 for Nairobi County.	10,000
3	Ksh1000 Fee for Consent to Transfer.	1,000
4	4% and 2% Stamp duty of property value for urban and rural lands respectively.	2% to 4%
5	Transfer Registration	500
6	obtain/process a new title deed certificate.	5,000

Item	Fee in Ksh
Official land search fee	Ksh 500

Kenyan Validity and Land Tenure System

The validity of holding a Kenyan title deed depends on the land tenure it is under. This is the right or period of holding land. There are two types of land tenure system in Kenya:

• Freehold: It is the greatest interest a person can have on land as it gives the holder absolute ownership of the land for life. This means descendants can succeed the owner for as long as the family lineage exists. A freehold title deed generally has no restrictions as to the use or occupation. However, there are conditional freeholds, which restrict the use of the land, for instance, for agricultural purposes or ranching only. A freehold interest is also known as fee sample or absolute proprietorship.
• Leasehold: This is the interest in land for a specific period subject to payment of a fee or rent to the grantor. Payment of rates is made to the respective county governments for services rendered. Leases are granted by the Government for public land, local authority for trust land and individuals with freeholds. The maximum term of government leases is 99 years.

Summary of Documents Used in Land Search and Registration in Kenya

1. Application for Official search : Form RL 26 
2. Completed sample of certificate of official search: Form RL 27

Ministry of Lands Office Locations & Contacts

List if Top KENYAN ADVOCATES to use as 

ADVOCATES