Before diving into the noble art of due diligence in Kenya, let’s first acknowledge the not-so-noble characters who make it necessary — the legendary land conmen. These smooth talkers can sell you land in the middle of a lake, promise titles signed by ancestors, and even throw in “free air rights” above your plot. And just when you think a land search will save you, surprise! Some have even mastered the dark art of registry gymnastics — colluding with rogue insiders to conjure up clean search results for land that legally belongs to three other people and a goat. In Kenya, buying land without due diligence is like walking blindfolded into a lion’s den while holding a steak — bold, but tragically foolish. So, to avoid becoming the star of a cautionary tale at family gatherings, here are the essential steps to separate real land from real lies.
- First Site visit: First—the site visit. This is your scouting mission, just you and your senses, to check if the land feels right and serves your purpose. bottom line: make sure land exists and make sure it fits your needs.
- Official Search: ask for the title details so you can run a search at the relevant land registry to confirm Ownership; Nature of tenure (e.g., leasehold and its expiry date); and Encumbrances (e.g., charges, caveats, restrictions). Ideally, also verify the seller’s identity to ensure it matches the name on the title. The search can take a week or two, though if you have connections, usually takes a day.
- For a manual search, head to the local land registry where the land is situated. Request a Land Search Form (RL 26), attach the land title, National ID, and KRA PIN, and submit. Then, just wait as instructed. For an online search, log in to the eCitizen portal, select the Ministry of Lands and Housing link, choose land search, and enter the lease certificate number. Complete the form, upload required documents, pay the fees online, and keep the e-slip as proof. You’ll get your search report from either the eCitizen portal or the registry, covering essentials like ownership, encumbrances, and other juicy details.
- Presently, the Ministry of Lands is busy digitizing records with a new system, ArdhiSasa which is more comprehensive in the records it has. Ideally results would be immediate once the property is added and verified. To conduct a land search on ArdhiSasa, log in to the platform using your registered account or advocate’s account. Navigate to the “Search Services” section, enter the required details (e.g., title number, LR number, or owner’s name), and pay the applicable fee. ArdhiSasa provides comprehensive results, including ownership history, encumbrances, and even cadastral maps, making it ideal for detailed due diligence.
- Historical Search: go for a historic or “green card” search. When you request a search, ask for the green card as well. Usually obtained from the local land registries upon request through a letter by the advocate or from Ardhi house in case of National leases. If the records of that particular parcel are digitized you can get them at the Ardhisasa portal. Why is this absolutely necessary? Because, scammers can sometimes pull a fast one with registrars to manipulate regular search results. The green card—a greenish leaf of a manila card at the registry—contains the entire history of a piece of land and is the master document. The information on it has to match any title deed or lease certificate.
- Maps’ purchase : Other documents which are not usually necessary but must be obtained, given the rampant conmanship, to strengthen your confidence in the land include the Registry Index Map (RIM), Cadastral Map and the Mutation Form in case of subdivision. The RIM, available through the Survey of Kenya as well as in local land registries, provides a map showing the current state of the land. Alongside this is the mutation document, obtained from local land registries, which is crucial when land has been subdivided or has gone through succession. Finally The cadastral map/deed plan, a technical map showing parcel boundaries, dimensions, and physical features (roads, rivers, etc.). It defines the land’s physical extent and is used for surveying, planning, and resolving boundary disputes, obtained from surveys Kenya These documents help confirm that the land is in the dimensions and also once included in a due diligence report can be potent evidence in case of a dispute.
- Second Site visit: After you’ve got those documents in hand, it’s time for site visit round two—but this time, bring along a surveyor. your surveyor’s job is to compare the official survey maps with what’s actually on the ground. They’ll confirm boundaries, check beacons, and make sure you’re not being shown one parcel of land and being sold to another; or you are not purchasing a piece of a road reserve or riparian land.
- Check Land Use policy and any Zoning rules: Next up, do a county registry search to check the local land use policy , and engage a planner to review any zoning maps to be certain that the parcel is fit for purpose
- land rates and rent clearance: Do a county registry search to check whether the land has any unpaid rates or rents.
- Search local court registries: It is not practically possible to search all court registries to check if the land has any ongoing dispute but simple searches of the sellers on the eklr site will suffice to safeguard your interests provided you have done the other steps correctly.
- Local Drunkard test: Additionally, while not normally consequential it is recommended to consult with neighboring residents and local administrative authorities (if practical) to gather insights regarding the property. They may possess knowledge regarding undocumented family disputes or legal cases associated with the property. While the existence of such disputes does not necessarily preclude the purchase of the property, it is prudent to ensure that any ongoing disputes have a likelihood of resolution and that the title can be cleared before proceeding with the transaction
NB: To save on time and cost, it is advisable that, the steps that need to happen at the registry including searches and relevant maps be done concurrently.
In conclusion, navigating land transactions in Kenya requires more than just good faith and a handshake — it demands careful, thorough due diligence. Given the risks involved, it is advisable to engage a qualified advocate who understands the legal landscape and can conduct or oversee the necessary checks. While hiring a professional may come at a cost, it is a small price to pay compared to the potential losses from a fraudulent or problematic deal. Moreover, when properly documented, the findings of a due diligence exercise can form a strong foundation for a due diligence report — a valuable document that may significantly strengthen your position if a dispute ends up in court. Taking these steps not only protects your investment but also gives you peace of mind as you move forward with your property plans.