Your independent legal counsel in Kenya

Invest in Kenya.
Own with
confidence.

Buying a home, apartment, land or investment property in unfamiliar territory? We bring legal clarity, independent due diligence and a seamless conveyancing process—wherever in the world you are.

First-time buyersRepeat & portfolio investorsOverseas completion
IndependentBuyer-focused legal advice
Cross-borderFor buyers around the world
End-to-endFrom diligence to registration
TransparentWritten fee quotations
The WKA Advantage

Everything you need. One trusted legal team.

We protect your purchase from the first conversation to registered ownership—and remain available when your property portfolio grows.

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Independent due diligence

Official searches, seller verification, title review, survey and planning checks, restrictions, charges and litigation risks.

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Contracts & deposits

Offer letters, sale agreements, off-plan milestones, deposit protections, completion terms and negotiated remedies.

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Registration & titles

Sectional titles, transfer documents, stamp duty, completion coordination, registration and title verification.

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KRA PIN & ArdhiSasa

Practical guidance on taxpayer identification and the applicable government digital land-service workflows.

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Companies & trusts

Careful structuring for investment vehicles, family holdings and estate planning without circumventing foreign ownership restrictions.

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Repeat investments

Portfolio acquisitions and disposals, leases, special purpose vehicles, compliance support and transaction management.

Peace of mind in new territory

You should know exactly what you're buying—before you pay.

Property transactions can move quickly. A trustworthy legal process should never require you to overlook unanswered questions.

Is the seller the lawful registered owner?
Can a non-citizen hold the proposed interest?
Does the land have undisclosed restrictions or charges?
Are the development and sectional title documents in order?
Are your deposit and completion obligations protected?
Request a Due-Diligence Review ↗
Simple, structured and personal

How we take you from enquiry
to ownership.

A dedicated team, clear milestones and practical updates throughout your transaction.

AI-generated illustration of property purchase documents, a floor plan, pen and house keys
01

Tell us your plans

Share the property, location, price range, nationality, timing and intended holding structure.

02

Get a legal roadmap

We confirm scope and fees, examine eligibility, then begin independent due diligence.

03

Secure the transaction

We negotiate documents, coordinate KRA PIN and registry steps, and advise on payment safeguards.

04

Complete with confidence

We coordinate transfer, stamp duty, registration, closing documents and ongoing support.

Kenyan land law made understandable

Choose the right ownership structure.

The best structure depends on your citizenship, property type, investment strategy and succession objectives—not a one-size-fits-all shortcut.

Tenure explained

Freehold vs leasehold

Freehold ordinarily continues without a predetermined expiry date. Leasehold runs for a stated period and subject to lease conditions. Non-citizens are limited under Article 65 to leasehold tenure of no more than 99 years.

Read WKA's tenure guide →
Apartments & developments

Sectional title

A distinct registrable unit title within a development, together with relevant common-property rights and obligations. We check the sectional plan, registration status, service charges and the underlying leasehold interest.

Explore sectional title advice →
Investment holding vehicles

Buying through a company

Corporate holding may suit commercial and multi-property acquisitions. But a Kenyan-incorporated company is not automatically a citizen for landholding: Article 65 requires wholly Kenyan-citizen ownership to qualify as such.

Discuss a suitable company structure →
Family wealth & succession

Buying through a trust

Trusts can support lawful governance and estate planning, but cannot defeat constitutional landholding limits. Kenya's 2026 trust reforms introduce registration, beneficial-ownership and ongoing compliance considerations.

Read WKA's Trust Administration Act guide →
Important: Special restrictions may apply to agricultural land, controlled land, public land, land near protected areas and certain transactions. We assess the specific parcel before recommending an ownership structure.
No unpleasant surprises

Understand the transaction costs.

The purchase price is only one part of the budget. We explain the relevant taxes, government fees and disbursements in a written quotation.

Stamp duty: generally 4% urban / 2% outside municipalities, subject to official assessment
Legal fees and applicable VAT
Valuation, searches, registration, survey and other disbursements
Property-specific rent, rates, service charges and apportionments

Capital gains tax is generally a disposal-side issue. VAT on a property transaction, where applicable, requires separate analysis.

Illustrative stamp duty estimator

Plan your purchase budget

Indicative stamp duty onlyKES 600,000

This illustration is not a valuation or official tax assessment. The chargeable value, applicable statutory rate and exemptions must be confirmed for your transaction.

Request a Full Cost Estimate ↗
Knowledge gives you confidence

Your property questions, answered.

Practical legal guidance for first-time buyers, diaspora families, foreign nationals and repeat investors.

Still unsure about your circumstances? Our lawyers can give specific advice after reviewing the title and transaction documents.

Ask WKA Advocates ↗
Can a foreigner buy a house or apartment in Kenya?+

Yes, subject to Kenyan land laws. Non-citizens generally may hold land only through leasehold interests of up to 99 years. We verify the tenure and any additional restrictions before you commit.

What is the difference between freehold and leasehold tenure?+

Freehold tenure ordinarily does not have a fixed expiry date. Leasehold tenure grants rights for a defined period, subject to conditions such as rent, permitted use and renewal rules. Under Article 65 of Kenya’s Constitution, a non-citizen cannot hold freehold land and is limited to leasehold tenure of up to 99 years.

Can I buy freehold land through a Kenyan company?+

A company is considered a Kenyan citizen for Article 65 landholding purposes only if it is wholly owned by Kenyan citizens. Incorporating a company in Kenya does not automatically make its landholding eligible for freehold ownership. A foreign-owned or partly foreign-owned company must comply with non-citizen landholding restrictions.

Can I use a trust to purchase or hold property?+

A suitably established trust may be appropriate for estate planning, family governance or management of permissible property interests. But it cannot circumvent foreign ownership rules: for Article 65 purposes, trust land is regarded as held by a citizen only where all beneficial interests belong to citizens. The Trust Administration Act, 2026 also introduces registration, reporting and beneficial-ownership obligations.

Do I need a KRA PIN to purchase property?+

Generally, a KRA PIN is needed for land registration and tax-related formalities. Non-resident buyers may be required to submit a passport, executed agreement, relevant title documentation and a tax-agent appointment, depending on the application category. WKA can coordinate the documentation and process.

What is ArdhiSasa and must I register?+

ArdhiSasa is Kenya’s government digital land-services system. Where the particular property and registry service are supported, parties and professionals may need appropriate accounts and verification. The exact identity and registration process should be confirmed for non-citizens and the applicable registry; not every transaction follows an identical digital workflow.

What is stamp duty, and how much does the buyer pay?+

For standard land transfers, stamp duty is generally 4% of the assessed value for property within municipalities and 2% outside municipalities, subject to the applicable classification, assessment and exemptions. It is ordinarily a buyer-side cost. We confirm the assessment rather than promise a rate based solely on whether a title is freehold or leasehold.

What other charges should I budget for?+

In addition to the purchase price and stamp duty, budget for legal fees, VAT where applicable, official searches, valuation, registration, surveys where needed, apportionments of land rates or rent, and financing charges if applicable. VAT on the underlying sale depends on the property and transaction; seller-side taxes such as capital gains tax should be allocated expressly in the contract.

What is a sectional title for an apartment?+

A sectional title is a separate registrable title for an individual unit in a building, with associated rights and obligations relating to shared property. We verify the sectional plan, unit boundaries, underlying tenure, management corporation, service charges and any outstanding obligations. Not all apartments already have sectional titles.

Can I buy an off-plan apartment safely?+

Off-plan purchases carry development and delivery risks. We review the developer and mother title, approvals, financing or encumbrances, construction timetable, payment milestones, variation rights, refund and default provisions, and the arrangements for eventual transfer of a registrable interest.

Can I buy property remotely without flying to Nairobi?+

Many steps can be completed from abroad using agreed remote processes, with properly executed and authenticated documents or powers of attorney when permitted. Some identification, signing, bank or registry requirements may still demand particular formalities. We confirm these at the outset.

How do I know the seller actually owns the property?+

We undertake official title searches and examine the title chain, seller identification and authority, encumbrances, rates and rent, consents, survey records and, where indicated, ground-level verification. No single search substitutes for a complete due-diligence review.

When should I pay a deposit?+

Ideally, engage independent legal counsel before paying a non-refundable deposit or signing binding commitments. The sale agreement should spell out escrow or stakeholder arrangements, conditions precedent, remedies, refund triggers and release instructions suited to the transaction.

Can a foreigner buy agricultural land?+

Agricultural land has additional controls, including the Land Control Act and other restrictions. A foreign buyer should not assume that any particular parcel is transferable or that a company or trust will resolve eligibility. We assess classification, consents and lawful alternatives before contractual commitments.

Can I rent out or resell the property later?+

Usually, a validly acquired property interest may be leased, transferred or financed subject to title conditions, relevant consents, management rules, tax obligations and the prevailing law. We can also act on later acquisitions, dispositions and portfolio restructuring.

Does buying real estate automatically grant Kenyan residency?+

No. Land ownership does not in itself grant residence or work authorization. Immigration eligibility must be assessed separately; WKA also advises on appropriate investment and immigration pathways.

How does WKA support repeat or portfolio investors?+

We can coordinate repeat acquisitions, standardized due diligence, acquisition vehicles, shareholder or trust documentation, lease reviews, financing and portfolio disposals, subject to a tailored engagement and conflict check.

How much does WKA charge?+

Legal fees depend on the value, complexity, tenure, ownership structure and extent of due diligence. We provide a written scope, professional fee quote and anticipated disbursements before beginning. Consultations are professional, fee-paying engagements.

Further reading from WKA

Understand the rules before you invest.

Written guidance from our lawyers on the issues overseas buyers ask about most often.

Buyer's Guide

Buying Property in Kenya as a Foreigner

Step-by-step legal overview, eligibility and conveyancing.

Read the guide ↗
Apartments

Foreign Ownership & Sectional Titles

How unit ownership and management rights work.

Read the guide ↗
Family Investment

Trust Administration Act, 2026

Trust creation, oversight, beneficial ownership and duties.

Read the guide ↗
Your next move starts here

Let's make your next property purchase feel familiar.

Whether you are viewing a Nairobi apartment from London, making an investment from Dubai, planning a family home from the United States or growing your Kenyan portfolio, we can provide the independent legal counsel you need.

WKA Advocates
Nairobi, Kenya
info@wka.co.ke

Initial consultations and legal work are fee-paying professional services. No lawyer-client relationship arises until an engagement is accepted.

Tell us about your property

A short enquiry helps us understand the transaction and provide next steps.

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