Transferring land in Kenya from abroad is lawful but requires strict adherence to the process. The key is working with a registered advocate with a valid Power of Attorney.
The process includes due diligence, title search, sale agreement drafting, obtaining Land Control Board consent (if applicable), stamp duty assessment and payment, and lodging documents with the Lands Registry or ArdhiSasa. If the land is in a county where digitization is still ongoing, manual submissions may apply.
Additional considerations include verifying zoning laws, clearing outstanding land rates or rents, and ensuring the transfer meets both national and county compliance requirements. Your advocate can also verify that the seller has proper capacity, resolve any caution or restriction issues, and coordinate payments securely.
At BMA Advocates, we manage diaspora property transfers end-to-end with full legal accountability, ensuring you receive a clean, registered title without stepping foot in Kenya.
FAQs
What’s the first step in transferring property from abroad?
Sign a Power of Attorney appointing a lawyer or agent to act for you. The document must be notarized, authenticated, and registered locally.
Is a Sale Agreement necessary?
Yes. It outlines the terms of the transaction and must be in writing under the Law of Contract Act (Cap. 23).
What if the buyer insists I appear physically?
You’re not legally required to. However, they may need comfort that the PoA is valid and properly registered.
How long does the process take?
Depending on due diligence and LCB consent, the average transfer takes 30–90 days.
Do I need Land Control Board (LCB) consent?
Only if the property is agricultural or controlled under Section 6 of the Land Control Act.
Can I track the transfer online?
Yes, ArdhiSasa allows registered users to view certain transactions in Nairobi and counties that have adopted the platform.
Who pays stamp duty?
The buyer pays stamp duty (typically 4% for urban land, 2% for rural).
What safeguards should I put in place?
Use an escrow agreement or have the funds held in a joint account managed by advocates.
Can I pay in installments?
Only if mutually agreed and reflected in the Sale Agreement.
What does BMA Advocates offer for this process?
We draft contracts, secure PoAs, conduct due diligence, obtain consent, and register title—all without requiring you to travel to Kenya.
This article is for general informational purposes only and does not constitute legal advice. For tailored assistance, please consult BMA Advocates directly.
