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