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Conveyancing, Real Estate & Property Law
Conveyancing is the legal process of transferring ownership of land or property from one party to another. Real estate and property law is broader it covers the legal frameworks governing how land and buildings are owned, used, financed, developed, leased, and transferred, along with the resolution of disputes over land rights. At Ondieki & Matoke Company Advocates, we advise individuals, investors, developers, and businesses on both: from a straightforward residential purchase to structuring a commercial development or a joint venture between multiple parties.
The legal framework
Property transactions and land rights in Kenya are governed primarily by the Land Registration Act, 2012 and the Land Act, 2012, alongside the Law of Contract Act for the agreements underpinning any sale or lease. Sectional titles (apartments, units within a development) fall under the Sectional Properties Act, 2020, and development approvals engage the Physical and Land Use Planning Act, 2019. Stamp duty on transfers is governed by the Stamp Duty Act. Together these statutes determine how a title is verified, how a transfer becomes legally binding, and what protections apply to buyers, sellers, landlords, and tenants.
Who this is for
You may need a property lawyer in Kenya if you are buying, selling, or leasing property; developing land alone or in a joint venture; financing a purchase through a mortgage; subdividing or converting land use; or resolving a dispute over title, boundaries, or a tenancy. Land fraud forged titles, land sold to more than one buyer, disputed inheritance is common enough in Kenya that independent legal verification before you commit funds is protection, not a formality.
Our Conveyancing, Real Estate & Property Services
- Sales & Purchases — Structuring, negotiating, and closing residential and commercial property transactions.
- Due Diligence & Title Verification — Official searches and title verification before you commit funds, confirming a title is genuine and free of charges or caveats.
- Sale Agreements & Transfer Documents — Preparing and reviewing sale agreements, transfer instruments, and completion documents.
- Title Deed Registration & Transfer — Managing the registration and transfer of title deeds at the relevant Lands Registry.
- Land Title Conversion — Advising on and processing the conversion of land titles, including under the Sectional Properties Act where applicable.
- Lease Agreements — Negotiating and drafting commercial and residential lease agreements, renewals, and rent reviews.
- Rental Property & Landlord-Tenant Rights — Advising landlords and tenants on rights, obligations, and dispute resolution under rental arrangements.
- Property Development & Joint Ventures — Structuring agreements between developers, landowners, and investors on shared development projects.
- Subdivision, Amalgamation & Change of Land Use — Advising on subdivision, amalgamation, and change of user applications with the relevant county and national authorities.
- Real Estate Investment Structuring & Advisory — Advising investors on structuring property holdings and transactions, including for portfolio and institutional investment.
- Regulatory Compliance in Development Projects — Ensuring development projects meet applicable planning, zoning, and regulatory requirements from the outset.
- Property Financing, Mortgages & Banking Securities — Advising on mortgages, charges, and other banking securities used to finance property acquisitions and developments.
- Property Dispute Management & Litigation — Pursuing or defending claims over ownership, boundaries, tenancy, and fraudulent transfers, in and out of court.
Emerging Trends We Advise On
- Digital Land Registration — Advising clients on transacting through Kenya’s digital land registration system and meeting electronic documentation requirements.
- Sustainable & Green Developments — Advising on the legal requirements around environmentally certified and sustainable building developments.
- Cross-Border Property Transactions — Managing the added legal complexity of property acquisitions and investments involving parties or assets outside Kenya.
- Affordable Housing Initiatives — Supporting developers and investors engaging with public-private housing programmes.
- Real Estate Financing Innovations — Advising on newer financing structures, including Real Estate Investment Trusts (REITs) and crowdfunded property investment.
Why Ondieki & Matoke Company Advocates
- Direct access to your advocate throughout the transaction not a call centre or a junior clerk.
- Practical, working familiarity with the Nairobi Lands Registry and Kenya’s digital land registration system.
- Business-minded advice grounded in commercial reality, for both individual and corporate clients.
- A transparent process and fee structure, explained clearly before work begins.
What to Expect — Our Process
- Initial consultation — you share the property details and your objective: buying, selling, leasing, developing, or resolving a dispute.
- Due diligence — we conduct an official search and verify title, ownership history, and any encumbrances.
- Structuring & drafting — we draft or review the sale, lease, joint venture, or financing agreement and negotiate terms on your behalf.
- Consents & approvals — we obtain required consents (for example, Land Control Board or spousal consent) and manage any planning or change-of-use applications.
- Stamp duty & registration — we facilitate stamp duty payment and lodge documents for registration.
- Completion — you receive confirmation of registration and the transaction is complete.
Other Services that we offer
Frequently Asked Questions
How long does conveyancing take in Kenya?
A straightforward transaction typically takes six to twelve weeks from signing the sale agreement to registration, depending on how quickly searches, consents, and stamp duty assessment are completed. Transactions involving disputed titles, subdivision, or change of use can take considerably longer.
How do I verify a title deed is genuine in Kenya?
A genuine title is verified through an official search at the relevant Lands Registry or Kenya’s digital land platform, confirming the registered owner, any charges or caveats, and the property’s registration history. This should be done before paying a deposit, ideally by an advocate rather than relying on documents shown by the seller or agent.
What is the difference between land subdivision and amalgamation?
Subdivision splits a single parcel of land into two or more separate titles, while amalgamation combines two or more parcels into a single title. Both require approval from the relevant county planning authority and registration of the resulting title changes at the Lands Registry.
Can property be used as security for a loan in Kenya?
Yes. Property is commonly used as security through a legal charge registered against the title in favour of the lender. The charge document sets out the lender’s rights if the borrower defaults, and it must be properly drafted and registered to be enforceable.
What is a joint venture in property development?
A property joint venture is an arrangement where a landowner and a developer or investor combine land and capital to carry out a development, sharing costs, risk, and proceeds under a joint venture agreement. Getting this agreement right at the outset is critical, since disputes between partners are a common source of stalled developments.
Can foreigners buy property in Kenya?
Foreigners can own property in Kenya, though freehold land ownership is generally restricted to Kenyan citizens, with non-citizens typically limited to leasehold interests of up to 99 years. Cross-border transactions also raise additional compliance considerations that should be reviewed before you commit to a purchase.
What is a REIT and is it relevant to property investors in Kenya?
A Real Estate Investment Trust (REIT) is a regulated investment vehicle that allows investors to hold an interest in income-generating property without owning it directly. REITs and similar structures are becoming more relevant in Kenya as an alternative to direct property ownership, particularly for investors seeking diversified exposure to real estate.
Call now for a Free Consultation
Contact
0710942629 / 0736677646 / omaadvocates@gmail.com / info@omaadvocates.co.ke
Office
A.C.K. Garden Annex, 1st Ngong Avenue, Ground Floor, Suite 04, Upper Hill, Nairobi, Kenya
Open Hours
Monday-Saturday 8 am – 5pm
Weekends on Appointments only.