Buying Property in Nairobi: Key Steps

Buying property in Nairobi

August 18, 2025 Machoka Law Advocates Property & Real Estate

A practical guide for buyers (and how to avoid costly mistakes)

Buying property in Nairobi can be one of the best investments you make — but it also comes with risks if you skip due diligence. Below is a clear, step-by-step guide to help you buy safely and complete registration smoothly.

Step 1: Confirm the property details (before paying any deposit)

  • Confirm the exact location and boundaries (site visit + beacons where applicable).
  • Verify the plot number / LR number and match it with the title documents.
  • Ask for the seller’s ID/registration documents and proof of ownership.

Step 2: Do official searches & checks

Before signing any agreement, your advocate should conduct searches to confirm:

  • Ownership: the seller is the registered owner.
  • Encumbrances: any charges, restrictions, caveats, disputes or cautions.
  • Rates/rent: outstanding land rates, rent or other statutory arrears.
  • Use/approvals: if it’s a development, check approvals and compliance.

Step 3: Agree on key terms (sale agreement)

The sale agreement sets the “rules of the deal.” It should clearly cover:

  • Purchase price, deposit amount and payment timelines.
  • Completion period and conditions (e.g., consents, clearances).
  • Completion documents to be provided by the seller.
  • Default clauses: what happens if one side delays or breaches.
  • Vacant possession, handover date, and who pays transfer costs.

Step 4: Pay deposit safely (avoid direct cash payments)

  • Use traceable bank transfers.
  • Where possible, use a stakeholder arrangement (advocate/client account) with clear release conditions.
  • Get receipts and keep all proof of payment.

Step 5: Completion documents (the seller must deliver)

Common completion documents include:

  • Original title and transfer documents.
  • Rates clearance certificate / rent clearance where applicable.
  • Consent/approvals (depending on property type and registry).
  • Seller’s PIN, ID/company documents and resolutions (for corporate sellers).

Step 6: Stamp duty assessment & payment

Stamp duty is assessed and must be paid before registration. Your advocate handles the process and ensures the transfer is properly stamped.

Step 7: Registration (final step)

Once stamped, the documents are lodged for registration. After registration:

  • Collect confirmation of registration and copies for your records.
  • Ensure the title reflects the correct buyer name and details.

Common red flags (be careful)

  • Seller refuses official search or claims “search will delay.”
  • Pressure to pay deposits quickly without documents.
  • Title has restrictions/encumbrances that cannot be explained clearly.
  • Seller is not the registered owner or is acting without authority.

Need help with due diligence & conveyancing?

We assist buyers and sellers with searches, drafting, completion and registration across Nairobi and Kenya. Request a Free Consultation