Buying land in Kenya is considered one of the biggest investments one will ever make.

Although purchasing land can be a lucrative venture, there are many sophisticated scams in this industry. Understanding the practical “red flags” and the legal framework set forth by the Kenyan Constitution (2010), the Land Act (2012), and the Land Registration Act (2012) is essential for self-defense.

Chapter 5 of the Constitution introduced 3 categories of land, which are:

Public Land – Article 62 of the Constitution – Public land has a vast definition but it includes land occupied by a State organ, land transferred to the State, land to which no heir can be identified, minerals, forests, reserves, national parks, water catchment areas, sea, lakes, rivers, land between high water mark and low water mark, any land not classified as private land or community land. Public land is held by the Government in trust for the people of Kenya.

Community Land – Article 63 of the Constitution. It is land lawfully registered in the name of group representatives, land lawfully transferred to a specific community and any land declared to be community land by an Act of Parliament.

Private Land – Article 64 of the Constitution – This is registered land held by any person under freehold tenure, land held by any person under leasehold tenure and any other land declared private land under any Act of Parliament

The Most Typical Land Scam Types in Kenya. Kenya, regrettably, has witnessed it all when it comes to land fraud.

Scammers are always changing, tricking unsuspecting consumers with both traditional methods and cutting-edge technology.

Top Land Scams to Be Aware Of

Also Read: Where to Buy Land: Nairobi Estates and Satellite Towns With Falling Prices

Fake title deeds: Scammers produce counterfeit documents that look legit. These fakes can be surprisingly convincing, especially to first-time buyers unfamiliar with what a real title looks like.

Double selling: This is when the same piece of land is sold to multiple buyers. It’s often done quickly and quietly, sometimes with complicit insiders at land registries or law firms.

Selling land that isn’t theirs: This can include grabbing government land, reserved forest zones, or community land and selling it as private property.

Ghost plots: These are completely fictional properties. The scammer might use fake photos, forged GPS coordinates, or staged visits to an unrelated plot.

Fake companies: Scammers create shell companies, complete with flashy websites and social media profiles. They lure you in with professional branding but disappear after your down payment.

11 Steps to Avoid Being Conned

Also Read: EACC Recovers Grabbed Public Land Worth Ksh21 Million

According to Mutegisurveyor, who highlighted on his official TikTok account the key steps to avoid taking while buying land in Kenya to avoid being conned.

Ask for the TITLE DEED or a copy of the title deed. Then do a search at the Ministry of Lands to confirm who the real owners are or if the title has any CAVEAT on it.

Search with LOCAL AUTHORITIES to check for unpaid land rates. If any, agree with the seller who will settle the land rates. NB: LAND can’t be transferred if there are unpaid land rates.

Go to the Ministry of Lands and buy 2 Maps, one showing the exact measurements of the piece you are buying, called (mutation) and the other showing the neighbouring land parcels.

Verification and Legal Agreement

With your 2 maps and a land surveyor, visit the land you are buying and verify the details on the MAP (boundaries, beacons).

Write down an agreement. The agreement can be done in the presence of a lawyer. According to LSK, if the value of the land is below 1 million, you pay the lawyer 3K; if it’s above 1 million, you pay the lawyer 8K for the agreement. Avoid being CONNED by greedy lawyers.

Pay some amount as per your agreement. Don’t pay everything Hata kama pesa uko nayo. (Even if you have the money).

Book a meeting with the Land Control Board (LCB): They meet once every month. It will cost you Sh 3050. LCB will issue consent for the land to be sold.

Pay the remaining balance after getting consent from LCB.

Go to the Ministry of Lands Offices with your KRA PIN, 2 passport photos and a copy of the TITLE DEED to change ownership after filling form LRA 33 & applying for valuation for stamp duty.

Finalizing the Transfer

At this stage, you don’t need the seller. Now go pay stamp duty, i.e., according to the VALUE of the land. 4% of sales value in municipalities & 2% of sales value in reserves.

Now the land belongs to you, but before celebrating,g go to the Ministry of Lands & do a search to confirm if they have updated the register.

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