A title is a very important and legal document that proofs ownership of
a home and of land. It should be the first thing to ask for when buying a
property.
Title Deeds in Kenya are issued by Ministry of Lands, Housing and Urban
Development at the Ministry' regional registries offices. See the four types of
tittle deeds in Kenya
1.Certificate
of Lease
Certificate of lease is the ownership document for leasehold property
This Title deed is also known as Leasehold Titles. Leasehold land is one where
ownership of the land is subjected to a definite period (maximum being 99
years). The lessee (occupant) holds rights to land for a specific period
subject to conditions imposed on land rights by the lessor (landowner). The
period can be 33, 50, 66, or 99 years for all urban plots. All plots in Nairobi
County fall under this Lease Hold Titles.
See general points relating to Lease Certificate
2.Absolute
title deed
This type of Title deed is also known as Freehold Title. A Freehold
title is where the landowner has the maximum rights to the land without any
time period or any other restrictions. Once you have this type of Title Deed,
the land is yours and has no conditions on ownership.
3.Sectional
Tittle deed
A sectional Title deed is issued to prove ownership for a unit within a
building for example when you buy a house in an apartment or a flat.
4.Certificate
of tittle
A title issued due to subdivision without change of user, it is under
Registered Lands Act Cap 21.
Step by
step on how to acquire a title deed
Step 1:
Obtain Official land search
This stage is very important as it shows if someone else owns the land
or if the land has been registered before.
Apply In-Person:
This is done at the ministry of lands and physical planning headquarters
or in any of their Land Offices in local district/ Sub County. One is required
to pay a fee of Ksh 500 for the search; submit a duly filled search application
(form RL 26) and attach the copy title document. The land search at Lands
office takes an average of 3 days.
After the search one is issued with a stamped Certificate of Official
search (form RL 27) showing the status of the land.
Required documents
i. Duly
filled Application for Official search (Form RL 26) Form RL 26
ii. Proof
of land ownership
iii. PIN
certificate (copy)
iv. Identity
card (copy) for the applicant if Kenyan.
v. Foreign
national registration certificate- alien card (copy) For foreigners who are
residents in Kenya
vi. Passport
(copy) for the applicant if a non-citizen.
Apply On-line
i. How
to apply for a tittle deed online.
ii. Log
onto the e-citizen portal E-Citizen and sign up
iii. Click
on Ministry of Land, Housing & Urban Development link and choose the land
search option
iv. Enter
the title number and fill the online land search form Kenya and submit
v. Confirm
the details and proceed to pay using the available payment method which can be
a debit card, credit card, M-Pesa, or bank transfers. One is required to pay a
fee of Ksh 500 for the search
vi. Once
the payment is confirmed, the applicant can proceed to print the results, and
if you choose not to, the information will always be available on the portal
anytime you log in.
Step 2.
Obtain land transfer documents
This step involves contacting a lawyer to facilitate obtaining and not
arising the land transfer documents. The steps are as follows
i. Apply,
pay and obtain rates clearance certificate from the County Government- This is
done by the seller’s lawyer through consulting the local county government
lands office. The whole process can take five days at the cost of Ksh. 10,000.
This certificate proves that there are no outstanding fees to be paid at the
City County’s office. Lawyer’s fees are calculated according to the value of
the land. Upon payment of all outstanding Land Rates at the Local County
Governments and upon an application and payment of the prescribed fees. The
respective County Governments shall issue a Land Rates clearance certificate.
ii. Apply
and Obtain Land Rent Clearance Certificate from the Commissioner of Lands -
Upon payment of outstanding Land rent and on application, the commissioner of
lands issues a Land rent clearance certificate. This certificate is proof that
there are no outstanding fees to be paid to the County Government
iii. Apply
and Obtain Consent to transfer from commissioner of Lands- The consent to
transfer leasehold land held by the government under the repealed Act is
required to be obtained from the National Land Commission. Upon payment and
issuance of Both Land rent certificate and Land rate certificate, an
application is made in writing by the lawyer to the commissioner of lands and
the prescribed form executed for consent to transfer the desired property. Upon
payment of the prescribed amount, consent to transfer is issued. This process
takes nine days at the cost of Ksh. 1,000.
iii.
iv. File
the transfer instrument at the Lands Office for assessment of stamp duty
payable on the transfer- The draft transfer is done by the buyer’s lawyer and
the transfer instrument has to be approved by the seller’s counterpart before
it’s filled at the land’s office to be assessed for Stamp Duty. After the lawyer’s
approval the instrument is submitted for assessment of stamp duty at the Lands registry.
The stamp duty is 4% of property value for urban lands and 2% for rural lands.
The stamp duty amount to be paid is indicated when the application is filed,
but it takes approximately 7 days to obtain the receipt of payment (obligated
to pay with a banker’s check) from the bank. The payment is made directly at
the Lands Office.
Step 3.
Obtain valuation for stamp duty
i. Receive
inspection by land officer- Once the draft transfer has been filed at the land
office, an inspector visits the site to verify the development and state of the
property. Due to lack of transport, in practice, the inspector often has to be
picked up in-person and driven to the site. There are no prior appointments
made and the actual inspection may happen within one day or, in the worst case,
one month. However, note that this time is not limited and, in some cases,
entrepreneurs may wait months for a valuation. Once the evaluator has inspected
the property, a report is compiled which the value is endorsed on the transfer.
ii. Obtain
valuation of the property by Government evaluator- The inspector visits the
site to evaluate and verify the indicated purchase price of the property in
order to ensure accurate tax payment. If the assessed value differs from the
one indicated by the parties, an additional payment is requested.
Step 4.
Stamp duty payment
i. Endorsement
of value for Stamp Duty and assessment of Stamp Duty- Complete the Stamp Duty
from including the purchase price. The stamp duty assessment officer will then
assess the stamp duty payable and indicate the amount on the forms. This takes
three days.
ii. Payment
of Stamp Duty- It is mandatory to pay the stamp duty with a banker’s check. The
payment is made through commercial banks and the approved banks include the
Kenya Commercial Bank and The National Bank of Kenya. Payment is made to the
Commissioner of Domestic Taxes on behalf of the Commissioner of Lands. It takes
four days for the Kenya Revenue Authority to confirm receipt of payment. This
Stamp Duty is payable online via the KRA Itax portal
iii. Submission
of the documents for franking/ obtaining franked documents- After payment of
stamp duty, the transfer documents are submitted for franking to confirm that
any charges or taxes, such as the stamp duty on those documents have been paid.
Step 5.
Land Registration
i. Pay
registration fees- A payment of Ksh 500 charged and one issued with a booking
form to fill.
ii. Lodge
the completion documents with Lands Office for registration of the transfer-
The franked transfer documents are lodged for registration at the Lands Office.
The seller’s lawyer obtains these documents which include; original certificate
of Title, Rates Clearance Certificate, Land Rent Clearance Certificate and the
consent transfer. This process takes 12 days.
i. Duly filled
booking form
ii. Consent to transfer land
(copy)
iii. Official land search (original)
iv. Land rates clearance receipt (copy)
v. Land rent certificate (copy)
vi. Transfer instrument (3 original + copy)
vii. Identity card (copy)
viii. PIN certificate (copy)
This process takes two weeks and Ksh. 5,000 is charged to obtain process
a new title deed certificate.
After a successful registration you will receive the following document
i. An original title
deed with the name of the buyer
ii. Registered transfer forms
iii. The pay in slip of stamp duty
iii. Post
purchase activity
After a week or two, you as the buyer should do another search with the
ministry of Lands to confirm that the land is now under your name.
Required Documents
i. Duly filled
Application for Official search Form RL 26
ii. Proof of land ownership
iii. PIN certificate (copy)
iv. Identity card (copy) for the applicant
if Kenyan.
v. Foreign national
registration certificate- alien card (copy) For foreigners who are residents in
Kenya
vi. Passport (copy) for the applicant if a
non-citizen.
vii. Duly filled booking form
viii. Consent to transfer land (copy)
ix. Official land search (original)
x. Land rates clearance receipt
(copy)
xi. Land rent certificate (copy)
xii. Transfer instrument (3 original + copy)
Summary
For more details visit the ministry of lands and physical planning,
ardhi house 1ST Ngong Avenue, Nairobi or vvisit their website : https://lands.go.ke/
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