Under Kenyan law, transfer means passing of land, lease or charge from one party to another, which includes an instrument by which the passing is effected. This can either be by way of sale or gift. A transfer is said to be complete when the transferee (the person receiving the property), is registered as the proprietor of the land, lease or charge. Transfers can be categorized into Compulsory Transfers and Voluntary Transfers. Voluntary Transfers can be effected for example, by way of gift where a person or institution donates or gifts the said property to another person called the donee.

In the case of a sale, the purchaser upon identifying the piece of property, engages an advocate to conduct due diligence. Once everything is verified to be in order, the documents are lodged at the Lands Registry and the purchaser’s interest in the land is registered on the title document. However, before the transfer can be registered the purchaser of the property is required to pay stamp duty and obtain a payment authorization slip from the Kenya Revenue Authority. Land can also be transferred compulsorily to another party in the following ways:

  1. Death
  2. Adverse Possession
  3. Bankruptcy/Insolvency
  4. Court order/Attachment
  5. Compulsory Acquisition