The dream of owning land can quickly turn into a nightmare without proper due diligence. With land fraud cases continuing to plague Kenya’s property market, courts have been unequivocal: purchasers bear the responsibility of conducting thorough investigations before buying land. A simple land search is no longer enough to prove you acted as a prudent buyer. In this guide, we will walk you through essential steps every prospective land buyer must take to protect themselves and ensure they’re making a sound investment.
Why Due Diligence Matters More Than Ever
The increase in sophisticated land fraud schemes means that what was acceptable due diligence a decade ago is insufficient today. The landmark case of Dina Management Ltd v County Government of Mombasa & 5 others [2023] KESC 30 (KLR) established that purchasers must go beyond basic searches to demonstrate they are bona fide purchasers for value. Courts will scrutinize whether you took all reasonable steps to verify the land’s legitimacy before parting with your money.
The Critical Steps in Land Due Diligence
1. Physical Search and Inspection
Your due diligence journey begins on the ground, not in an office. A thorough physical inspection allows you to: Verify the exact location using GPS coordinates or landmarks mentioned in the title; Identify boundaries and distinguish the property from neighboring parcels; Spot visible encroachments or unauthorized structures; Assess the terrain for suitability with your intended use (construction, agriculture, commercial development); Check for hidden issues such as waterlogging, erosion, or access problems; Observe the neighborhood and planned developments in the area; Speak with neighbors who may reveal disputes or issues not reflected in official records
2. Review of the Title Deed
Once you’re seriously interested, obtain a certified copy of the title deed. This document is your primary source of information about the property, but approach it with healthy scepticism
What to examine: Authenticity features: Recent titles include security features like barcodes, QR codes, and watermarks. Verify these using the Ardhi Sasa platform or at the Land Registry; Property details: Location (county, sub-county, exact plot number), size/acreage, and coordinates; Ownership information: Names and ID numbers must match exactly with the seller’s identification documents; Type of tenure: Is it freehold (absolute ownership) or leasehold (and if so, how many years remaining)?; Encumbrances section: Look for charges (mortgages), caveats (warnings of competing interests), restrictions, or easements.
3. Official Land Search at the Land Registry
Armed with the title number, conduct an official search at the relevant Land Registry or through the Ardhi Sasa online platform at https://ardhisasa.lands.go.ke/home. The search reveals: Current registered proprietor(s) and their ID numbers; Tenure type: Absolute (freehold) or leasehold, and lease expiry date; Exact land size as per official records; All registered encumbrances: charges, caveats, restrictions, cautions; Recent dealings: Any pending transactions or applications
Pro tip: If you’re inexperienced in interpreting land searches, engage a conveyancing lawyer who are trained to spot irregularities that laypeople might miss, such as suspicious recent dealings or hidden red flags in the encumbrances section.
4. Green Card (Historical Land Record)
This is where many buyers make a critical mistake. A land search might show a clean current title, but the green card could reveal that the land was fraudulently acquired two transactions ago, or that there’s an unresolved succession dispute from years past. These historical issues can surface later and invalidate your ownership.
What the green card reveals: Chain of ownership: Every person or entity that has owned the land since it was first registered; Original allocation: Whether the land was purchased from government, inherited, subdivided from a larger parcel, or acquired through other means; Historical transactions: All previous sales, transfers, transmissions (inheritance), and subdivisions; Significant events: Lost title applications, succession cases, court orders affecting the land, corrections, or amendments; Patterns that indicate problems: Frequent changes of ownership, suspicious transactions, or gaps in the record
How to obtain it: Request the green card at the Land Registry by providing the title number. There’s usually a fee, and processing may take a few days.
5. Survey Search and Map Verification
After the land search, visit the Survey of Kenya offices or the county surveyor to verify the land’s existence and accuracy on official maps.
Why this is crucial: Sometimes fraudsters sell land that: Doesn’t exist on official survey maps; Has different boundaries than claimed; Falls within restricted areas (wetlands, road reserves, riparian land, government reserves); Has been subdivided illegally; Shows different measurements than the title indicates.
What to verify: The land appears on the Registry Index Map (RIM) or cadastral map; Boundaries match the title description; Size and shape correspond to what you saw physically; The parcel number matches the title; No overlapping claims from adjacent properties; The land isn’t located in a restricted or contested area. For valuable land purchases, consider hiring a licensed surveyor to prepare a fresh survey report confirming the boundaries and identifying any encroachments.
6. Land Rates and Rent Clearance
For all land: You must obtain a land rates clearance certificate from the county government showing all property taxes are paid to date.
For leasehold land: You must also obtain a land rent clearance certificate from the National Land Commission or relevant authority, confirming all ground rent payments are current.
Why you need these: The Land Registrar will not register any transfer without these clearance certificates; Outstanding rates/rent become your liability as the new owner; These debts can accumulate into significant amounts
What to check: The certificate is recent (typically valid for 3-6 months); It covers the correct title number; There are no outstanding arrears; The seller has actually paid, not just applied for clearance. Visit the county government’s land rates office with a copy of the title. Processing can take several weeks, so factor this into your timeline. Some unscrupulous sellers will give you fake clearance certificates, so verify directly with the issuing office.
7. Ndungu Report Review
The Report of the Commission of Inquiry into Illegal/Irregular Allocation of Public Land (the Ndungu Report, 2004) https://www.theelephant.info/documents/the-ndungu-report-annexe-vol-1/ exposed massive land fraud and illegal allocations across Kenya. While dated, it remains a crucial reference document.
The report identified thousands of parcels that were: Illegally allocated from public land; Grabbed from forests, road reserves, parks, and other protected areas; Irregularly acquired by politically connected individuals; Held by parastatals and municipalities but fraudulently transferred
How to use it: Check whether your intended purchase appears in the list of contested or illegally allocated lands. While being on the list doesn’t automatically invalidate a title (some allocations have since been regularized), it’s a red flag requiring extra scrutiny. You can access the report online or request to review it at the Ministry of Lands. Pay particular attention if your land is in high-value areas like Nairobi, coastal regions, or near major towns where most fraud occurred.
8. Identity Verification of the Seller
Before proceeding to the sale agreement, thoroughly verify the seller’s identity, regardless of whether they’re an individual or a company. For individual sellers, obtain: Original national ID card or passport, KRA PIN certificate, Marriage certificate (if applicable, as spousal consent may be required); Death certificate and succession documents (if inheriting). For corporate sellers, obtain: Certificate of Incorporation (CR 12); Current CR 12 showing directors and shareholding; Certificate of Good Standing from the Registrar of Companies; Company PIN certificate; Board resolution or authorization to sell; Directors’ ID copies
Red flags: Seller reluctant to provide original documents; ID number or name doesn’t match the title; Seller claims to be acting on behalf of someone else without proper authority; Company’s CR 12 shows recent suspicious changes in directorship; Seller pressures you to complete quickly without proper verification
Conclusion: Due Diligence is Your Shield
Land ownership in Kenya can be a secure and rewarding investment, but only if you approach it with the seriousness it deserves. The eight steps outlined above are not optional extras—they’re the minimum standard that courts expect from a prudent purchaser.
Remember: fraud schemes are constantly evolving. What worked to protect buyers last year may be insufficient today. Stay informed about emerging fraud patterns, work with experienced professionals, and never let excitement about a “good deal” override your obligation to conduct thorough due diligence.
The cost of proper due diligence—in time, money, and effort—is insignificant compared to the cost of losing your investment to fraud. Take every step seriously, document everything, and don’t proceed until you’re satisfied with the answers to all your questions.
Your dream of land ownership should be built on a foundation of certainty, not hope.
Disclaimer: None of the content in the article above is meant to be legal advice sufficient to advise you or constitute a client-advocate relationship. For proper legal advice, or any clarification or comment regarding any of our publications, do reach out to us using our contact details.
Compiled and Researched by Rachael Mukami. For further advice on any matters raised, please feel free to contact us at mukami@williamadvocates.co.ke. or Info@williamadvocates.co.ke
