Frequently Asked Questions in Conveyancing

Real Estate and Conveyancing

Buying or selling property is one of the most significant financial transactions many people will ever undertake. However, the process—known as conveyancing—can often feel complex and overwhelming. At HKM Associates, Advocates, we simplify the process by guiding clients every step of the way. Below are some of the most frequently asked questions in conveyancing to help you understand what to expect.

What is conveyancing?

Conveyancing is the legal process of transferring ownership of land or property from a seller to a buyer. It involves due diligence, preparation and signing of documents, payment of taxes and fees, and registration of the new ownership with the relevant land registry.

Why do I need a lawyer for conveyancing?

Property transactions carry legal and financial risks. An advocate ensures that the title is clean, free from disputes or encumbrances, and that the sale agreement protects your interests. A lawyer also handles statutory filings, confirms compliance with the law, and ensures a smooth transfer of ownership.

What due diligence is carried out before buying property?

Before you commit to purchase, it is important to verify:

  • Authenticity of the title deed at the Lands Registry

  • Whether there are encumbrances such as charges, cautions, or restrictions

  • Land rent and land rates clearance

  • Compliance with zoning and planning regulations

  • Seller’s legal capacity and spousal/board consents where necessary

What documents are required in a property transaction?

Typical documents include:

  • Copy of the title deed

  • Sale agreement

  • KRA PIN certificates of both parties

  • Identification documents (ID or passport)

  • Land Control Board consent (for agricultural land)

  • Land rates and rent clearance certificates

  • Completion documents such as transfer forms, spousal consents, and discharge of charge (if applicable)

What taxes and fees are payable in conveyancing?

Property transactions in Kenya attract:

  • Stamp Duty – usually 2% to 4% of property value depending on location

  • Capital Gains Tax (CGT) – 5% of the gain, payable by the seller

  • Legal Fees – guided by the Advocates Remuneration Order

  • Registration Fees – payable to the Lands Registry

How long does conveyancing take?

The average timeline is 60–90 days, depending on the completeness of documents, speed of consent approvals, and the efficiency of the Lands Registry. Complex cases may take longer.

What is Land Control Board (LCB) Consent and when is it required?

LCB Consent is mandatory for the transfer of agricultural land. It is approval granted by the local Land Control Board authorizing the transaction. Without it, the sale is legally void.

What happens if the property has an encumbrance (e.g., bank charge)?

The seller must clear the encumbrance before transferring the property. Buyers should avoid paying the full purchase price until a discharge of charge is registered and a clean title is assured.

Can foreigners own land in Kenya?

Under the Constitution of Kenya (2010), foreigners cannot own freehold land but may hold leasehold titles for up to 99 years. They can, however, own apartments (units) under the sectional property law.

What are common risks in conveyancing?

  • Fraudulent or forged title deeds

  • Double allocation of land

  • Hidden encumbrances or disputes

  • Failure to obtain required consents

  • Understating property values to evade taxes (illegal and risky)

What should I do before paying a deposit?

Always ensure:

  1. Due diligence is complete

  2. A proper sale agreement has been signed

  3. Ownership and seller’s capacity are verified

  4. Deposit is paid into the advocate’s client account for security

Final Thoughts

Conveyancing is more than paperwork—it is about protecting your investment and ensuring that property ownership is legally sound. At HKM Associates, Advocates, we pride ourselves on offering clear, professional, and reliable guidance in every property transaction.

If you are buying, selling, or transferring property, contact us today and let our experienced team walk with you through the process.

Company Secretarial Services in Kenya – HKM Associates, Advocates

company secretarial services

Running a business in Kenya today requires more than just innovation and strategy — it demands strict adherence to corporate governance and compliance obligations. At HKM Associates, Advocates, we provide professional company secretarial services in Kenya, ensuring your business stays compliant with the Companies Act 2015, the Data Protection Act, and other regulatory frameworks.

Why You Need Company Secretarial Services

Every registered company in Kenya is legally required to meet statutory obligations such as filing returns, maintaining registers, and keeping proper records. Failure to comply can result in penalties, reputational risks, or even deregistration. By engaging our expert corporate secretarial services, you safeguard your company’s legal standing while freeing up valuable time to focus on growth.

Our Corporate Secretarial Services

At HKM Associates, we provide a full spectrum of services designed to support businesses of all sizes — from start-ups to established corporations. Our services include:

  1. Company Formation & Structuring – Guidance on incorporation, partnership registration, business name search and reservation, and advising on shareholding and directorship structures.

  2. Statutory Filings & Compliance – Timely preparation and submission of annual returns, CR12, CR19, and other filings with the Registrar of Companies.

  3. Corporate Governance Support – Assisting in convening board and shareholder meetings, drafting resolutions, and preparing accurate minutes.

  4. Maintenance of Statutory Registers – Keeping up-to-date records of shareholders, directors, charges, and share allotments as required by law.

  5. Regulatory Updates & Compliance Advisory – Keeping clients informed about changes in Kenyan company law and advising on compliance strategies.

  6. Corporate Transactions & Restructuring – Support with share transfers, allotments, mergers, acquisitions, and company reorganizations.

Why Choose HKM Associates for Secretarial Services?

  • Legal & Compliance Expertise: As a law firm specializing in corporate and real estate law, we combine legal insight with practical compliance solutions.

  • Tailored Solutions: Whether you are a small business or a large corporation, we adapt our services to meet your unique needs.

  • Confidentiality & Integrity: We uphold the highest professional standards, ensuring your company records and sensitive information are secure.

  • Nationwide Reach: With offices in Westlands, Nairobi, and Meru, we are accessible and well-positioned to serve clients across Kenya.

Partner With Us

Choosing HKM Associates means choosing a trusted legal and secretarial partner committed to your company’s success. We take care of the compliance, governance, and statutory requirements, so you can concentrate on growing your business.

📞 Contact us today to learn how our company secretarial services in Kenya can keep your business compliant and ahead of the curve.

Case Study: Resolving a Shareholder Dispute to Unlock Growth

Commercial Transactions

A fast-growing technology company in Nairobi approached HKM Associates, Advocates after disagreements among shareholders threatened to stall its expansion. The conflict stemmed from unequal capital contributions, unclear profit-sharing arrangements, and uncertainty about admitting new investors.

Our team stepped in to:

  1. Draft and negotiate a Shareholders’ Agreement to define rights, obligations, and exit strategies.

  2. Establish board governance rules under the Companies Act, 2015.

  3. Structure investor entry through a subscription agreement, balancing new capital with existing shareholder rights.

Result: The dispute was resolved amicably, investor confidence was restored, and the company went on to secure regional contracts and expand into the East African market.

This case demonstrates how strategic legal frameworks can transform disputes into opportunities for growth.

Why Businesses Choose HKM Associates

  • Business-Minded Advice – Practical solutions aligned with commercial realities.

  • Tailored Strategies – Customized legal support that reflects industry-specific needs.

  • Trusted Partnership – A commitment to walking with clients through growth, risk, and opportunity.

Looking Ahead

As Kenya cements its position as a business hub in Africa, commercial law will remain central to shaping the success of enterprises. At HKM Associates, Advocates, we are committed to providing innovative, client-focused, and strategic legal solutions that empower businesses to thrive in Kenya and beyond.

✨ HKM Associates, Advocates—Your trusted partner in navigating Kenya’s commercial law landscape.

Commercial Law: Building Stronger Businesses in Kenya

Commercial Transactions

Kenya’s business landscape is dynamic, fast-paced, and full of opportunities. Yet with growth comes complexity—from regulatory compliance and shareholder disputes to cross-border trade and digital commerce. This is where commercial law becomes essential.

At HKM Associates, Advocates, we help businesses turn legal challenges into opportunities for growth. Our commercial law practice covers corporate structuring, contracts, mergers and acquisitions, compliance, and dispute resolution—ensuring that businesses of all sizes have the legal foundation they need to succeed.

Our approach is business-minded and client-focused. We don’t just draft contracts or interpret regulations; we provide strategic solutions that align with your goals. Whether you’re launching a start-up, scaling an SME, or expanding into the regional market, we offer practical, forward-looking legal support.

In an economy as vibrant as Kenya’s, the right legal partner makes all the difference. At HKM Associates, we are committed to empowering businesses with legal frameworks that ensure stability, foster growth, and unlock opportunity.

Navigating Land Transactions in Kenya in 2025: Expert Insights from HKM Associates

Real Estate and Conveyancing

Your trusted legal partner in property and real estate law

Introduction

Land is one of the most valuable assets in Kenya. Whether you are buying, selling, leasing, subdividing, or transferring property, the process can be complex, costly, and sometimes risky if not handled properly. With evolving legal frameworks, digitization of land registries, and heightened regulatory oversight, it is more important than ever to seek professional guidance when engaging in land transactions.

At HKM Associates, Advocates, we have positioned ourselves at the forefront of conveyancing and real estate law, offering clients efficient, transparent, and secure legal solutions.

Understanding Land Tenure under the 2010 Constitution

The Constitution of Kenya, 2010 redefined land ownership, categorizing land into three main classes:

1. Public Land – owned by the government on behalf of the people.
2. Community Land – held by specific communities based on ethnicity, culture, or similar interests.
3. Private Land – held by individuals or entities under freehold or leasehold tenure.

Understanding which category your transaction falls under is the first step toward compliance and security of ownership.

Common Types of Land Transactions

Kenyan land transactions typically include:

– Sale & Purchase Agreements – transfer of ownership from seller to buyer.
– Leases & Tenancies – granting occupation and use rights for a specified period.
– Subdivisions & Amalgamations – splitting or merging parcels with county approvals.
– Charges & Mortgages – securing property as collateral for financing.
– Gifts & Succession Transfers – property transferred voluntarily or through inheritance.

Each transaction type requires regulatory compliance and often approvals such as Land Control Board consent, valuation for stamp duty, and title registration.

Key Legal Considerations in 2025

The legal landscape for property transactions is rapidly changing. Here are critical considerations:

1. Digitization of Registries – The Ministry of Lands continues rolling out the Ardhisasa platform, meaning due diligence must cover both physical and digital records.
2. Land Control Board (LCB) Consents – Required for agricultural land transfers, failure to obtain LCB consent renders a transaction void.
3. Stamp Duty & Taxes – KRA strictly enforces compliance, and buyers should plan for 4% duty in urban areas and 2% in rural areas.
4. Due Diligence – Checking encumbrances, caveats, restrictions, or pending disputes remains non-negotiable.
5. Environmental & Planning Regulations – Especially for commercial and mixed-use developments, compliance with zoning and environmental laws is crucial.

Best Practices for Buyers and Sellers

To protect your interests in 2025:

– Always engage an advocate registered under the Advocates Act to prepare and review agreements.
– Verify ownership and title authenticity through official searches.
– Insist on written contracts with clear timelines, obligations, and remedies for breach.
– Budget realistically for hidden costs (legal fees, valuation reports, taxes, county approvals).
– Seek professional negotiation to balance risk and protect your investment.

Why HKM Associates?

At HKM Associates, Advocates, our conveyancing team is known for:

– Efficient turn-around times – minimizing delays in property transfers.
– Risk management – ensuring compliance and eliminating legal pitfalls.
– Client-centric solutions – tailoring contracts to safeguard clients’ commercial and personal interests.
– Experience across Kenya – from Nairobi’s high-value commercial property to community and rural land transactions.

We don’t just process paperwork — we partner with our clients to achieve secure, smooth, and compliant property transfers.

Conclusion & Call to Action

Land transactions are significant milestones, whether personal or business-related. Navigating the legal, regulatory, and financial aspects requires expertise and precision.

At HKM Associates, Advocates, we combine legal excellence, innovation, and deep market understanding to help you make safe and informed land investments.

📞 For guidance on your next land transaction, contact HKM Associates today and let us secure your property journey with confidence.

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