Buying Land in Kilifi? Read This Before You Pay.
By Winnie Tsuma | Advocate of the High Court of Kenya | Managing Partner, Tsuma & Associates Advocates
The plot is beautiful. The price sounds reasonable. The seller has a title deed. Someone tells you another buyer is ready to pay. Then comes the sentence that has hurried many buyers into trouble: “Just send the deposit so we can secure it.”
Before you do, pause.
Whether you are buying a home, a holiday retreat or land for investment, the checks you make before paying can determine whether you enjoy your property or spend years fighting over it.
As an advocate handling conveyancing and land disputes, I approach a purchase with two questions: Can the seller lawfully transfer this property, and would the buyer’s ownership withstand a challenge in court?
Here are six steps every buyer should take.
1. Know exactly what you are buying
A “plot” can mean very different things. You may be buying an entire registered parcel, a portion awaiting subdivision, a leasehold interest, an apartment or a claim to land that has not yet been registered.
Ask for the parcel number, acreage, ownership documents and tenure. If the seller offers a 50-by-100-feet portion of a larger property, establish where it sits, how it will be subdivided and how a separate title will reach you.
A sketch showing “Plot 12” does not, by itself, establish a separately registered property. Section 42 of the Land Registration Act requires subdivision and registration of the new subdivisions before a portion can be transferred separately.
For an apartment, establish the legal interest being transferred, the registration structure, shared facilities, service charges and management arrangements.
The first question is not simply “How much?” It is “What legal interest will I receive?”
2. Confirm who has authority to sell
The person showing you the land may not be the person legally entitled to sell it. Meet and independently verify the seller. Match identification documents against the ownership records and investigate discrepancies.
Where the seller is a company, check its registration, ownership, signing authority and authority for the transaction. Where an agent or relative acts for the owner, verify the legal authority relied upon. A power of attorney requires scrutiny of its scope, execution and registration requirements.
Family land needs particular care. “My father gave me this portion” may explain occupation, but it does not establish that the speaker can transfer registered ownership.
If the registered owner is deceased, examine the succession proceedings, the grant, its confirmation and the proposed seller’s authority. A chief’s letter or family meeting cannot replace the succession process. Section 82(b)(ii) of the Law of Succession Act generally prohibits sale of estate immovable property before confirmation of the grant.
Also investigate matrimonial interests and obtain any legally required spousal consent. A title in one spouse’s name does not automatically settle every question about matrimonial property.
3. Conduct an official search, then investigate the history
An official search helps establish the registered owner and entries such as charges, cautions and restrictions. Obtain it independently through the appropriate official process. However, it does not prove that every earlier step in the ownership history was lawful.
Depending on the property, further checks may include the historical register, parcel file, previous transfers, allocation documents, survey records, succession documents and the discharge of registered charges.
This is particularly relevant where land originated from a settlement scheme, adjudication process or public allocation. Investigate the seller’s entitlement, any outstanding settlement obligations and the route to registration.
Where records contain conflicting names, overlapping numbers or unexplained changes, resolve the discrepancy before committing funds. “The Land Registrar/office knows about it” or "this is a common problem" (especially for land in areas like Kibarani where overlapping is prevalent) is not a satisfactory completion arrangement.
What are courts doing about title deeds?
In Dina Management Limited v County Government of Mombasa & 5 others [2023] KESC 30 (KLR), the Supreme Court examined the origin of a coastal property’s title. It found the initial allocation irregular and rejected the purchaser’s claim to constitutional protection of that ownership.
The practical lesson is significant: paying for land and obtaining a title does not automatically cure an unlawful origin. This does not mean every title is defective. It means a buyer must investigate the process behind it.
4. Check the ground as carefully as the paperwork
You need to know that the land in the documents is the land you have been shown. Visit the property with a licensed surveyor to verify its location, boundaries, acreage and lawful access.
Ask:
Does the physical location match the parcel records?
Are the boundaries identifiable, and do they conflict with neighbouring occupation?
Is there a lawful access road?
Does the proposed portion fit within the parent parcel?
Are buildings or fences encroaching on another property or a road reserve?
Also investigate anyone living on, cultivating or otherwise occupying the land. Ask why they are there and how possession will be delivered lawfully.
Local enquiries can reveal matters requiring further investigation, although they cannot replace official records and professional advice.
Before buying for apartments, shops or another project, check that the intended use can obtain the necessary approvals.
For beachfront properties, investigate public beach access, shoreline boundaries and environmental constraints.
A beautiful location is only useful if you can lawfully occupy and use it.
5. Put the risks in the agreement and protect your money
A properly prepared agreement should deal with the transaction you are actually entering. It should clearly address the property, price, deposit, completion documents, necessary consents, possession and consequences of default.
If subdivision, succession or discharge of a charge is outstanding, specify who must complete it, who pays and what happens if it fails. Payment arrangements matter just as much. Your advocate should advise when money can safely be released and whether a deposit should be held pending agreed conditions. Verify payment instructions independently and retain evidence of every payment.
Avoid paying the full price simply because an agreement has been signed.
Resolve the difficult questions while you still control the money.
6. Follow through to registration and handover
Signing the agreement is one stage of the purchase. The transaction must proceed through the applicable consents, completion documents, tax requirements and registration.
Budget for legal fees, survey work, stamp duty and other transaction costs.
After registration, obtain an updated official search, verify the ownership details and document possession and handover. Keep the agreement, payment records, consents and survey documents safely.
A final word before you pay
From a litigation perspective, the most useful questions are often those that would otherwise arise years later in a witness box: Who owned the land? What authority did the seller have? Who was occupying it? What did the buyer investigate?
Ask those questions before the deposit leaves your account.
Kilifi offers real investment opportunities. Give the legal checks the same attention you give the location and price.
Buying land in Kilifi, Watamu, Malindi or Mtwapa?
At Tsuma & Associates Advocates, we investigate ownership, identify legal risks and guide your purchase through to registration. We also represent clients when land transactions become disputes.
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