Buying Land in Kenya: How to Pick a Property Lawyer For Buying Land in Kenya
As you research buying land in Kenya, you may realize the importance of having a property lawyer by your side to help you make your dream of owning property a reality. Unfortunately, there are rising cases of lawyer incompetence, where clients hire lawyers who are unavailable to answer their questions, fail to simplify legal jargon, abandon clients mid-transaction, and ghost them without communication. Some lawyers seem more focused on getting paid than on serving their clients’ needs. Additionally, there are those who do not conduct thorough due diligence, are not transparent about the legal fees, and leave clients to handle follow-ups at the Lands Registry for processing title deeds. So, how can you avoid hiring such a property lawyer? What is your best…
PUBLISHED: JANUARY 22, 2025 UPDATED: JANUARY 30, 2025.
26 MINUTES READ TIME

WRITTEN BY:
Joshua Munuve, Digital Marketing Associate at Musyimi Damaris & Company Advocates.

REVIEWED, FACT-CHECKED & APPROVED BY:
Damaris Musyimi, Founder and Head Advocate at Musyimi Damaris & Company Advocates.
The Ultimate Guide to Picking a Property Lawyer When Buying Land in Kenya To Be Safe From Land Fraud. (Recommended)
Choosing the right property lawyer when buying land in Kenya is crucial and requires careful consideration. This applies whether you’re buying property in Kenya as a citizen or as a foreigner. The process of buying land in Kenya can be complex due to the widespread issues of title deed fraud and scams. This is especially true for first-time buyers who may not know the warning signs to look for.
If you’ve saved money or taken out a loan to buy land, your goal might be to develop it, build your dream home, or hold it as an investment for future appreciation and resale. You may have sought advice from trusted friends and family or researched the land-buying process online, where many sources emphasize the importance of working with a property lawyer.
In this straightforward blog post, we will outline some simple steps you can take to identify and choose a reliable property lawyer for your land purchase. Plus, we’ll include a bonus tip at the end to help you even further.
Table of Contents
- Why Any Kenyan Needs a Property Lawyer When Buying Land in Kenya.
- 4 Proven Steps To Take When Choosing a Property Lawyer to Help You Buy Land in Kenya.
- 5 Qualifying Questions to Ask a Property Lawyer the First Time You Have a Consultation With Them About Buying Land in Kenya.
- Top 2 Mistakes Most Kenyans Commit When Buying Land in Kenya And How to Avoid Them.
- Frequently Asked Questions About Property Lawyers About Buying Land in Kenya.
- Summary of Steps to Choose a Property Lawyer When Buying Land in Kenya.
Why Any Kenyan Needs a Property Lawyer When Buying Land in Kenya?
Based on our experience assisting numerous clients in successfully buying land in Kenya at Musyimi Damaris & Company Advocates, we highly recommend hiring a qualified property lawyer for several reasons. This applies whether you’re a Kenyan or a foreigner looking to buy land in Kenya.
The Lengthy Process of Buying Land in Kenya.
The process of buying land in Kenya can be long, complex, and confusing, especially for first-time buyers. From the moment a buyer identifies a piece of land they are interested into the issuance of the new title deed after the purchase is complete, there are many steps involved.
Having an experienced property lawyer in Kenya who has successfully assisted many Kenyans like you can bring predictability and clarity to the land transaction process. Additionally, hiring a trusted property lawyer in Kenya helps alleviate some of the pressure that comes from being the main point of contact; all offers will go through them before reaching you, allowing them to filter out any concerns that do not require your attention.
Your Property Lawyer Has Real-World Experience in Doing Due Diligence

Based on our experience at Musyimi Damaris & Company Advocates, the success of buying land in Kenya largely depends on the thoroughness of due diligence. Doing due diligence alone has saved some of our clients from making risky property investments and losing a lot of money. Due diligence can be the difference between losing your hard-earned money to fraud and successfully buying your dream property in Kenya. Statistics show that 7 out of 10 Kenyans are likely to be defrauded when purchasing land in Kenya.
We have developed strategies to protect our clients from such risks. They involve confirming and verifying information regarding the land seller, the land itself, the property lawyer, and the real estate agent. Your experienced property lawyer in Kenya helps you uncover important information explained below:
If you’re buying property through a real estate agent, your property lawyer in Kenya will check the following on your behalf.
- The real estate agent must have a valid practicing number.
- The real estate agent should be licensed by the Real Estate Association of Kenya.
- The real estate agent should have a solid track record.
If a property lawyer is representing the land seller, your property lawyer in Kenya will do the following on your behalf.
1. Ensure that the property lawyer is licensed by The Law Society of Kenya to practice law in Kenya. This protects you from fraudulent property lawyers who may be involved in large land fraud schemes, and it also ensures accountability.
2. Check if the lawyer has experience with similar transactions. This helps you avoid property lawyers with a questionable track record in property dealings.
For the property, your property lawyer in Kenya should verify the following on your behalf.
- Verify that there are no unpaid rates or taxes associated with the property.
- Ensure that the title deed is recognized by the Lands Registry.
- Confirm that there are no cautions or restrictions preventing the sale of the property. This will ensure you do not violate any laws by buying that property.
- Compare the property measurements on the title deed with the actual dimensions of the property. This may require a physical visit to the site.
- Check for any unaccounted transactions on the property’s green card, which contains a complete history of all transactions related to the property.
- Ensure that the size of the property matches what is indicated on the title deed.
- Ensure there are no encumbrances, such as mortgages, on the land. Buying such a property in Kenya may require additional payment to obtain the title deed.
- Verify that the plot number on the title deed matches the record in the Lands Registry.
- Check that there are no pending court cases involving the property.
- Confirm that the property is not part of a large-scale settlement scheme, as such properties may be subject to legal disputes and complications with final registration. It is generally advisable to avoid purchasing these.
- Confirm that the property is not involved in an ongoing estate distribution of a deceased person’s assets. Purchasing such a property may be illegal and could expose you to unnecessary lawsuits.
The thorough due diligence on the land is based on our experience, which shows that most land frauds are related to the property itself. We take this phase seriously to ensure our clients are protected when buying land in Kenya.
An experienced property lawyer in Kenya has both official methods and innovative approaches to find answers to these questions. At Musyimi Damaris & Company Advocates, we strongly advise against proceeding with the purchase of land if any of these questions remain unanswered. Ideally, you should not even pay a deposit until all these questions have been resolved.
An experienced property lawyer in Kenya has both official methods and innovative approaches to find answers to these questions. At Musyimi Damaris & Company Advocates, we strongly advise against proceeding with the purchase of land if any of these questions remain unanswered. Ideally, you should not even pay a deposit until all these questions have been resolved.
Legal Advice Tailored to Your Situation When Buying Land in Kenya

Through our interactions with numerous clients, we have observed that not all land-buying transactions are as straightforward as the process outlined in our constitution. This does not mean that the process of buying land in Kenya shouldn’t be followed; rather, it highlights the need for real-time interpretation of the law based on each buyer’s unique circumstances.
The laws governing buying land in Kenya can contain complex terminology that may require clarification. These legal frameworks include various laws, clauses, parliamentary acts, and tribunal decisions, among others. An experienced property lawyer is essential for interpreting the clauses in agreements found in key documents related to land ownership. Some important legal documents include:
– Succession Laws.
– Distress for Rent Act.
– Land Act.
– Land Titles Act.
– Matrimonial Property Law.
– Sectional Properties Act.
– Land Registration Act, etc.
The average land buyer in Kenya may struggle to determine the true nature of their situation. However, engaging an experienced property lawyer in Kenya from the beginning can help clarify their circumstances and guide them on how to proceed.
Another example involves a Kenyan buying land from a person who claims not to be the owner but possesses a Power of Attorney from the actual owner. While this document is legally recognized, many buyers may not know whether the Power of Attorney is valid and contains all the necessary signatures. This is where your property lawyer becomes invaluable. Moreover, a buyer could be buying/selling land from a company in which case they’d need legal advice tailored to that type of venture.
In summary, every land buyer encounters a unique situation that requires the interpretation and guidance of an experienced property lawyer.
4 Proven Steps To Take When Choosing a Property Lawyer to Help You Buy Land in Kenya.
Here are the four proven steps we recommend for any Kenyan looking to select a property lawyer to assist them in buying land in Kenya.
1. Create a Shortlist of Property Lawyers
During this initial stage, there is no pressure on you, as you are simply scouting for potential property lawyers. You can start by asking trusted friends, colleagues, family members, and others in your social circles who have previously purchased land or had any land dispute related issues for recommendations to property lawyers they used during their transactions.
In addition, you can search online for property lawyers in Kenya to expand your list. We recommend typing queries related to buying land in Kenya into Google, such as the following:
– What is the process for buying land in Kenya?
– How long does it take for a title deed to be ready after purchasing land?
– When is the best time to pay the deposit when buying land?
– Who is responsible for paying stamp duty in a land transaction?
– What documents do I need when buying land in Kenya?
By entering these search terms, you can find property lawyers who have shared information on these topics, especially those on the first page and you want to add them to your list as well. This step is crucial, as you’re only in the process of shortlisting property advocates you are likely to hire.
2. Enquire About Their Area of Specialization in Land Law:
Typically, every lawyer has a specific area of law in which they possess more experience. This specialization is influenced by their interests, expertise, and various other factors. The more an attorney handles similar cases, the more adept they become at managing those cases. Within the field of land law, there are several areas in which a land lawyer may excel. These include real estate, succession & inheritance, public land grabbing, eviction cases, community land issues, family land disputes, and more.
As you seek referrals for property lawyers from friends and family, be sure to ask whether those lawyers specialize in land purchases and real estate transactions. There is no pressure; you are simply gathering a list of potential property lawyers.
3. Read Through Client Reviews and Testimonials and Assess the Overall User Experience of Their Previous Clients

At this point, you’re seeking feedback from other clients about their experiences with each property lawyer they engaged when buying land in Kenya. This information will help you understand what to expect. To gather insights, you can ask your circle of friends about their experiences with any specific property advocates. Additionally, consider checking the client reviews of the law firms you shortlisted from your Google search.
There’s no rush to make a decision right now; you’re simply gathering information and getting a sense of what to anticipate if you choose a particular property advocate. It’s important to select a lawyer who has a proven track record of successful land transactions.
Based on the feedback regarding their reputation and track record, you can further narrow down your choices using the following criteria:
Communication Skills of the Property Lawyer:
(i) Availability: It is advisable to downgrade any property lawyer whose previous clients have found them inaccessible. Ideally, you want a lawyer who is responsive and willing to discuss your land-buying progress regularly. Effective communication is crucial to ensure that you stay informed about the status of your land purchase, even when challenges arise.
(ii) Clear Communication: The property lawyer you choose should be able to explain legal concepts related to buying land in simple terms. They must ensure you understand your legal options and the implications of any decisions you make during the land-buying process.
(iii) Understanding of Land Laws and Policies: In Kenya, various laws and regulations govern land ownership, both for leasehold and freehold properties. It is important to determine whether the lawyer possesses a thorough understanding of how these laws will affect you now and in the future.
(iv) Honesty and Transparency: Be cautious of any lawyer who is unwilling to disclose instances where a property they handled turned out to be fraudulent. Additionally, they should be able to provide you with realistic advice on the probable outcomes of activities in conveyancing.
(v) Attention to Detail: Property transactions involve numerous documents and intricate details. A meticulous legal advisor pays close attention to every nuance, which helps minimize the risk of oversights that could lead to complications later on.
Use these qualities to narrow down your list further.
4. Initial Legal Review of Your Land Transaction
The first interaction with a property lawyer in Kenya can take place through a phone call, a physical meeting, or a virtual meeting. This is an opportunity for you to evaluate the property lawyer’s expertise, professionalism, and understanding of land buying in Kenya. Your goal at this stage is to narrow down your options to property lawyers who offer a free or low-cost initial legal review of land purchases.
Once you have identified a manageable number of candidates, the next phase is to prepare for the questions you should ask your property lawyer during this first meeting to further assess their qualifications.
By this point, you should have a shortlist of property advocates who have a proven track record in land transactions in Kenya, are available to speak with you, and can communicate effectively based on the outlined steps.
You can now contact their offices to arrange the low-cost initial property purchase legal reviews and ask them the following questions.
5 Qualifying Questions to Ask a Property Lawyer the First Time You Have a Consultation

We recommend using the following questions to further qualify your property lawyer:
(i)How long have you been practicing law?
This question aims to assess their experience not only in land purchase consulting in Kenya but also in representing clients in land-related cases. By considering their years of practice, you can make a more informed decision.
(ii)What are your legal credentials?
This question is designed to ensure that you are working with a property lawyer who is licensed by The Law Society of Kenya, which is essential for accountability. They should provide you with their practicing number or demonstrate their practicing status on the Law Society of Kenya’s website, which must be active.
(iii)What is your experience in helping clients buy land in Kenya?
This question seeks to understand what assisting clients with land purchases means to them. If they express pride in seeing their clients succeed, you can feel more confident in their abilities. However, if they view it solely as a profit-making venture, you may want to reconsider. This question also provides insight into their expectations from clients once you agree to work on a land-buying project. Additionally, it offers a glimpse into their attention to detail, which is a crucial aspect of being a qualified property lawyer.
(iv)What will my expenses look like if I buy land through you?
This question ensures you can afford both the land and their services. If you can’t afford them, your dream of buying and owning land in Kenya may take longer. The essence of this point is to make sure that your budget is not over-stretched and that you also manage to buy land in Kenya.
(v)How will you communicate with me about the progress of my land-buying venture?
This question aims to give you an understanding of how your professional relationship will function should you decide to hire them. Since they will represent you in the land transaction, it’s essential to know how they plan to keep you updated. They will be responsible for verifying the legitimacy of the land seller, confirming that the land is registered and available, ensuring it’s not involved in any ongoing court cases, checking for disputes regarding the title deed, and verifying that the land is suitable for your intended use.
They should also inform you about any cautions prohibiting the sale, ensure you are not pressured to make premature deposits, clarify the terms of the sale agreement, and provide details about who will pay for what and when, as well as the timeline for receiving your new title deed. Understanding how and when you will receive this information is vital to ensure you are not taken advantage of.
By going through this process with all shortlisted property lawyers, you will be in a better position to choose a property lawyer who can assist you effectively in your land-buying journey in Kenya.
Top 2 Mistakes Most Kenyans Commit When Buying Land in Kenya and How to Avoid Them.

Based on our experience, there are two common mistakes that Kenyans often make when purchasing land, which can lead to financial losses. Here they are and how you can avoid these pitfalls.
- Rushing to Purchase or Sell Land.
Many Kenyans save for a long time to afford their first piece of land and are eager to secure the title deed. Some may even need to supplement their savings with a bank or SACCO loan to make the purchase, causing them to hurry the transaction. While this eagerness is understandable, it can make them vulnerable to deception. In such a state, it becomes difficult to spot red flags in the land transaction, leaving them susceptible to high-pressure tactics used by fraudsters. This often results in hasty and overpriced property purchases.
It’s important to recognize that many real estate agents are motivated by their financial interests, aiming to secure the highest possible price for a property to earn their commission. Their priorities may not align with yours. They might claim a property is in high demand, pressuring you to act quickly or suggest that multiple buyers are interested, hinting that your offer might be favored if you act promptly. Such statements can be significant warning signs, especially if you haven’t had the chance to visit the property, verify the owner’s identity, or conduct a search at the Lands Registry under the Ministry of Lands.
To avoid being rushed, engage an experienced property lawyer in Kenya early in the transaction. This will alleviate pressure, as your lawyer will represent you throughout the process. Any offers presented by the real estate agent or seller will be reviewed by your property lawyer before they reach you.
- Not Engaging a Qualified and Trusted Property Lawyer.
Some Kenyans opt not to hire a property lawyer when buying land because they trust the seller, have a good relationship with the real estate agent, or believe that hiring a lawyer is an unnecessary expense. While these reasons may seem valid, enlisting a qualified and experienced land and property lawyer in Kenya can uncover potential issues during due diligence that might cause problems later on. With the increasing incidence of land purchase fraud, hiring a property lawyer can be viewed as insurance rather than just an expense.
Ultimately, the cost of a property lawyer is likely to be much less than what you could lose if the purchase doesn’t go as planned. Additionally, once you own land, having a lawyer can help you safeguard your title deed.
Frequently Asked Questions About Property Lawyers When Buying Land in Kenya.

Based on our experience at Musyimi Damaris & Company Advocates, we have compiled some of the most frequently asked questions about property lawyers and the process of buying land in Kenya.
The fees charged by property lawyers in Kenya are regulated by the Advocates Remuneration Order, which sets standard rates and guidelines for legal costs. Generally, the fees are based on the Remuneration Order by the Law Society of Kenya and include basic legal fees. It varies from one advocate to another as the advocate and the client will come to a consensus on the same.
Determining how long a land-buying transaction will take is not straightforward, as each case varies significantly. The timeline is largely impacted by several key factors, including the thoroughness of the due diligence process, the necessity of obtaining a Land Control Board Consent Letter, and the subsequent issuance of a new title deed.
Each of these steps involves detailed procedures and approvals, which can extend the duration of the transaction based on the complexity and specific circumstances surrounding the land in question.
When engaging in property transactions, it’s essential to be aware of key taxes that may apply. One significant tax is the stamp duty, which is calculated based on the property’s purchase price. Typically, urban areas impose a stamp duty of 4%, while in rural regions, the rate is reduced to 2%.
Additionally, sellers should consider capital gains tax, which is applicable if the land is sold for more than its original purchase price. This tax involves paying 5% of the profit earned from the sale. Understanding these taxes is crucial for anyone involved in real estate transactions.
To accurately determine the authenticity of a title deed, it is essential to conduct a title deed search at the Land Registry, as simply examining the document visually is not sufficient. This search can be performed either manually or online, and it is advisable to utilize this method since the Land Registry is the official authority responsible for maintaining all land-related records.
If the search shows no discrepancies in the title deed, it can be confidently affirmed as genuine. Conversely, any signs of missing, altered, or inconsistent information may indicate forgery, so it is crucial to consult a qualified property lawyer for assistance.
Land scams pose a serious risk in today’s property market. It is essential to remain vigilant, especially regarding unregistered plots that may seem appealing but need more documentation. Offers that appear too good to be true should raise suspicions and warrant further investigation. Additionally, be aware of the possibility of falsified documents, as counterfeit paperwork can lead to substantial financial losses.
Scammers often create a sense of urgency, pressuring you into making quick decisions. To protect yourself from these deceptions, it’s wise to consult with a qualified lawyer who can help identify red flags and navigate the complexities of real estate transactions, ensuring that your choices are informed and secure.
Online resources like Ardhisasa can serve as a helpful starting point for preliminary land searches, offering users valuable information at their fingertips. However, it’s important to emphasize that these tools should not replace the expertise of a qualified property lawyer with due diligence.
A property lawyer plays a crucial role in real estate, providing specialized services beyond online research. They conduct thorough physical inspections of the land, ensuring that all aspects of the property are evaluated, and perform meticulous due diligence to confirm the authenticity and legality of the land ownership. This professional oversight is essential to protect your interests and ensure a smooth transaction.
When acquiring property in Kenya, the required documents can vary based on individual circumstances. However, typically, you will need several key items. These include your identification and a passport if you are a foreigner. Additionally, you should prepare the sale agreement, land title deed, land search certificate, clearance certificate from the Land Control Board (LCB), and transfer forms. For more detailed information on the necessary documents for property acquisition, you can refer here.
When thinking about buying a parcel of land in Kenya, it is vital to engage in comprehensive due diligence to safeguard your investment. This process begins with verifying both the ownership and the authenticity of the title deed, ensuring that the seller has the legal right to sell the property. Additionally, it’s important to investigate any potential encumbrances that may affect the land.
This includes confirming whether any unpaid taxes could result in liens against the property or uncovering any existing boundary disputes that might lead to future conflicts with neighbors. By diligently addressing these crucial factors, you can pave the way for a secure and well-informed investment decision that aligns with your goals.
The Kenyan government actively encourages foreign investment in land, providing opportunities for international investors to acquire property within the country. Foreigners are allowed to own land through leasehold ownership where the land is leased for a predetermined period, typically set at 99 years.
This leasehold option is a viable choice for investors looking for a long-term commitment while navigating the legal aspects of land ownership in Kenya. Read more on everything you need to know about buying and owning land in Kenya as a foreigner here.
Summary of Steps for Choosing a Property Lawyer When Buying Land in Kenya
When selecting a lawyer for buying land in Kenya, consider the following factors to ensure you make the best choice:
1. Property Specialization: Look for a property lawyer specializing in land law and has substantial experience with property transactions in Kenya.
2. Reputation: Check their reputation by seeking referrals and reading reviews from past clients.
3. Track Record: Evaluate their success in handling similar cases to confirm they have a proven history of favorable outcomes.
4. Local Knowledge: Ensure the lawyer is familiar with land laws specific to the area where you intend to buy.
5. Communication Skills: Assess their ability to communicate effectively and their responsiveness to your inquiries.
6. Legal Fees: Understand their legal fees structure and ensure it aligns with your budget.
7. Initial Consultation: Schedule an initial consultation to evaluate the property lawyer’s approach and determine if you feel comfortable and compatible with them.
8. Ethics and Professional Standards: Verify their adherence to ethical standards and professional conduct.
By keeping these factors in mind, you can select a competent, experienced, and reliable property lawyer in Kenya to represent you in your land acquisition in Kenya.
You can also read our other equally insightful blogs here, including the legal process foreigners can use to buy land and own homes in Kenya & key factors to consider when buying land in Kenya to get the best possible property. If you need help any with buying land and property in Kenya, send us a confidential message through our contact us form or directly call us at 0795470796.
Supporting Sources

WRITTEN BY:
Joshua Munuve is a Digital Marketing Associate at Musyimi Damaris & Company Advocates. He has driven the growth of the law firm's online presence from getting no clients online to getting multiple and consistent clients a month to the point of online inquiries and consequent clients being more than walk-in inquiries and consequent clients. This has been achieved through his web development skills.

REVIEWED, FACT-CHECKED & APPROVED BY:
Damaris Musyimi is the Founder and Head Advocate at Musyimi Damaris & Company Advocates. With over three years of experience in legal practice, she has assisted numerous Kenyans in recovering more than 100 hectares of land. Additionally, she has guided many individuals in purchasing property and has supported families with succession and inheritance matters. Several legal organizations she previously collaborated with continue to consult her on various legal issues.

