Get the required documents

The first step is gathering the documents you'll need throughout the process:

• A certified copy of your birth certificate
• A certified copy of your national identity card
• A certified copy of your KRA certificate
• Copies of 3 current passport-size photos

Get a letter from your area chief

The purpose of the chief's letter is to confirm that the chief knows you, and also knows your residence.

Obtain a fingerprint printout from the Registrar of Persons

Next, have your fingerprints taken. This is normally done at the Registrar of Persons.

Prepare affidavits from two witnesses

Two people who are non-family members — and who have known you for at least 10 years — will swear an affidavit confirming they have known you for that period.

Draft the relevant deed poll application

The next step is to execute the deed poll with the necessary declarations.

Submit documents to the Registrar of Documents

Submit all the documents for registration. This is done in either the Nairobi registry or the Coast registry.

Advertise in the Kenya Gazette

This is done through the Government Printers. The advertisement should run for 30 days.

Apply for a new identity card

The last step is to submit your old identity card and apply for a new one in your new name.

Have you researched the land thoroughly?

Research helps you understand the legal and registration status of the land. An Advocate of the High Court of Kenya can help you interpret the legal aspects. For example, only citizens may own land on both leasehold and freehold tenure; foreigners may only hold leasehold. Leaseholds do not exceed 99 years — on expiry you must re-apply or the land reverts to the government. Freehold is the greatest interest a person can have in land, giving the holder absolute ownership for life.

Where is the land situated?

Find land in an area that suits your purpose. Land near an airport, adjacent to a railway line, or adjoining a park will cost you more — you'll need consents from the relevant authorities, and you'll be limited in how you use the land, especially for any construction.

Do you know the physical condition of the land?

Always visit the land in person. Make sure the area is not prone to landslides or floods, and is not waterlogged — there are stories of houses built on waterlogged land that literally began to sink in the rains. Equally, don't buy rocky land if your purpose is farming. Knowing the physical condition of the land is something you simply cannot skip.

Have you seen the land during the rainy season?

Yes — the best time to buy land is during or immediately after the rains, especially in an area you're unfamiliar with. That's when the water flow, retention and soil absorption become clear as crystal. Many cons take advantage of the dry season to sell flood-prone land, so don't fall into that trap and become a statistic.

Do you know the different types of land?

Under the Constitution of Kenya, land is classified into three categories:

Have you engaged the right professionals?

This matters especially for first-time buyers — professionals help ensure you're not conned and that the land is legitimate:

• Valuers — estimate the value of the land.
• Land surveyors — determine the boundaries and mapping of the land.
• Physical planners — assist with development and subdivision of property.
• Environmental impact assessors — ensure the land does not interfere with the environment.

Who will be your neighbours?

People often treat this as irrelevant — until they've bought the land and realise their neighbours run night clubs, while their own plan was a quiet retirement home. Get acquainted with your neighbours, or at least understand what they're about, before you start the buying process.

Is the price within the market rate?

A registered valuer will help you estimate the true value of the land. Some people pay well above the asking rate and only realise it when it's too late. Land is an appreciating asset, but if you overpay and later want to re-sell, you may make a loss or have to wait years to see a profit.

Do you know the user regulations of the area?

Some land comes with restrictions or user regulations. There are things you won't be allowed to do — or that require consent from various stakeholders, which can be a frustrating process. Make sure you're not buying land for a business that is restricted in that area.

What are the payment terms?

Know the payment terms before you commit. Some sellers prefer the full purchase price up front, which is rarely a good idea — pay a deposit first, then the balance once you're satisfied everything is in order. Avoid cash-only transactions too, since proving you actually paid can be difficult.

Who are you dealing with?

Always confirm the person you're dealing with is the original owner of the land. Deal with a third party only in exceptional circumstances — for instance, where the owner is out of the country and has granted a power of attorney. If so, make sure that power of attorney is genuinely legitimate.

Do you know the services available?

Don't buy land for rentals, a business or a home only to discover you can't access water or electricity. Confirm which services are available in the area and whether they fit what you intend to do with the land.

Absconding work

Where an employee absents themselves from work without any lawful excuse or leave from the employer.

Intoxication during working hours

Where an employee becomes intoxicated during working hours, rendering themselves unwilling or incapable of performing their duties.

Negligent or careless performance of duties

Where an employee wilfully neglects their duties, or performs them carelessly, with no lawful excuse.

Abusive or insulting language

Where an employee uses abusive or insulting language, or behaves in a manner that is insulting toward their employer or supervisor.

Failing to obey a lawful command

Where an employee knowingly fails or refuses to obey a lawful command, within the scope of their duties, from their employer or supervisor.

Arrest for an imprisonable offence

Where an employee is lawfully arrested for a cognizable offence and is not released within fourteen days.

Committing a criminal offence

Where an employee commits a criminal offence that is detrimental to their employer or the employer's property.

Identify the land of your choice

Identify land that matches your interests. Some land is strictly residential, some commercial, some both. Once you've settled on purpose, size and location, you can proceed to the next step.

Do a search at the land registry

Secure a copy of the title deed, and copies of the seller's ID and KRA PIN. Proceed to the land registry for the area (for example, land in Thika goes to the Thika Land Registry) and complete a search application form, attaching those copies. The search is free and takes up to two days. It reveals the true owner, the acreage, and any encumbrance on the land.

Confirm any unpaid land rates

Check for unpaid land rates at the county office where the land is located. A fee applies and varies by county, so agree with the seller up front who will cover any outstanding rates.

Get the land maps

Acquire at least two land maps from the registry or a local surveyor. One is drawn to scale showing the exact measurements (the mutation); the other gives an overview of the land and its adjacent plots. Each costs about KES 300–350.

Verify the land on site

With the surveyor and the seller, visit the actual location to authenticate everything on the map. People skip this because they trust the seller, and it becomes a problem when it's too late. Verify everything, then erect beacons to prevent future disputes.

Sale agreement

Once everything checks out, the buyer and seller enter a sale agreement drawn up by a lawyer. It sets out the price, method and mode of payment, and protects you legally if either party fails to honour their part. The cost varies with the value and location of the land.

Land Control Board clearance

Obtain clearance from the Land Control Board — the county commissioners and area elders — to confirm the transaction is transparent and free of illegality. The board usually meets monthly (dates vary by county) at a cost of about KES 1,000. A special meeting can be held urgently, at a higher cost of around KES 5,000.

Land valuation

Complete a valuation form and apply for land valuation at the registry. The lands office computes the stamp duty payable, based on the value and location of the land. The sale agreement should state clearly who pays the stamp duty, to avoid confusion.

Transfer of land

After paying the stamp duty, apply for the transfer through the land registry. Both parties sign the transfer forms and the seller attends the registry with:

The change of ownership takes about three weeks and costs roughly KES 1,000–2,000, varying by county.

Final step: confirm the transfer

A new title deed is issued in the buyer's name and the old one destroyed. Stamp duty is based on the value and location of the land — 4% of the sale value in a municipality, 2% in other localities. Finally, do a fresh search at the land registry to confirm the land has been transferred to you. Once confirmed, you are officially a landowner.

Avoiding written employment contracts

An employment contract sets out both parties' rights, responsibilities and obligations. Without one, it becomes hard to prove that unfair termination actually happened.

Paying salary in cash to avoid a paper trail

Before you can claim unfair dismissal, you must show an employer–employee relationship existed. If your salary is paid in cash, proving they were your employer becomes much harder.

Avoiding written communication such as email

Some employers never communicate in writing. That way there is no record to use as evidence — neither of the dismissal itself nor of the employer–employee relationship.

Avoiding statutory payments (PAYE, NHIF, NSSF)

These remittances, on their own, are proof of an employer–employee relationship — even without a contract. So some employers avoid them altogether.

Making employees sign waivers or consent agreements

On terminating your services, some employers have you sign a waiver stating you will not sue. Agreements are binding — if you sign away your rights, you cannot later claim ignorance, because ignorance is not a defence in law.

Pregnancy

Where a female employee is terminated for being pregnant, or for anything connected to the pregnancy.

Taking or requesting leave

Where an employee takes, or requests to take, leave they are entitled to under the law or their employment contract.

Union membership or proposing to join

Where an employee is a member of a trade union, or proposes to join one.

Participating in union activities

Where an employee participates, or proposes to participate, in trade union activities outside working hours — or within working hours with the employer's consent.

Seeking to be a representative

Where an employee seeks to become a trade union representative or a workers' representative.

Refusing to join, or withdrawing from, a union

Where an employee refuses to join a trade union, or withdraws from one.

Discrimination

Where an employee is terminated on grounds of race, colour, tribe, political opinion or affiliation, marital status, HIV status or disability.

Complaining or taking legal action

Where an employee initiates, or proposes to initiate, a complaint or legal proceedings against their employer — except where the complaint is shown to be irresponsible or without foundation.

Participating in a lawful strike

Where an employee lawfully participates in a lawful strike.

Skipping a quick Google / social media search

Companies that con people are often already known — many complaints appear online. A quick search might just save your hard-earned money.

Not doing an official company search

This tells you whether the company is legally registered and who its directors are — yet many people skip it.

Not searching the mother title

Even where land is to be subdivided, the success of the subdivision depends on the status of the mother title. Search it.

Buying land not yet subdivided

This is how many people have lost their money. Make sure the subdivision is complete before you commit any funds.

Buying property not in the company's name

This is the biggest red flag. Whatever the reason given — run.

Not checking the company's lawyers

Most licensed lawyers will not associate with a fraudulent company. Checking who represents them can help you sieve out a fraud.

Not getting your own lawyer

The company's lawyer looks after the company's interests. Get your own lawyer to represent yours.

Paying before there's a sale agreement

If things go wrong, the sale agreement is the document that lets you recover your money through the courts. Have it first.

Paying the full price upfront in cash

There's a reason the law recommends a 10% deposit. Pay through a method that leaves a paper trail, such as bank transfer or RTGS.

Dealing with brokers

Only the directors can lawfully make decisions on the company's behalf. Deal with them directly, or through their licensed agents.

Having no evidence of employment

Many employees have no contract, receive salary in cash, and have no PAYE, NHIF or NSSF remitted for them. That makes proving you were even an employee difficult — and to claim any dues, you must first prove the employment relationship existed.

Having no written communication

Keep your communication with your employer in writing, such as email. Oral communication is hard to prove unless it's backed by evidence.

Not being prepared

Hope for the best, but prepare for the worst. Keep evidence in case of unfair termination or summary dismissal — because the burden of proof will be on you, not your employer.

Delaying legal action

You have three years from termination to institute an employment matter. Delay beyond that — without a good legal reason — and you may be barred from suing your employer.

Not understanding your rights

Many employees don't know their rights — such as the right to be consulted over a salary reduction, or the right not to be unfairly demoted — and so never realise they can seek legal relief.

Not consulting a lawyer during a disciplinary process

Consult a lawyer during an internal disciplinary process, so that if it ends in termination you already have enough evidence to seek compensation.

Signing away the right to sue

On termination, some employers offer an agreement — often in exchange for your terminal dues — that prevents you from suing. Understand what you're signing before you sign it.

The maximum award is KES 1,000,000

One million shillings is the most the court can award. If you're seeking damages or compensation above that, the Small Claims Court is not the right forum for your case.

It does not handle employment, land or criminal matters

Its jurisdiction is limited to certain civil claims:

Matters should conclude within two months

Once you file, the court has two months to conclude the case — though unavoidable circumstances can sometimes push it beyond that.

Filing fees range from KES 200 to KES 1,000

The fee payable depends on the amount you are claiming from the court.

Appeals go to the High Court

If you're dissatisfied with the decision, you may appeal to the High Court within the required time.

Always do a historical search on the land

Before you even spend money on a formal search, visit the land and talk to the village elders, the chief and the neighbours to find out if there are any issues — boundary disputes, a pending court case, and so on. These are the people who hold that history. If a red flag appears, do not ignore it.

Search the company or organisation selling the land

Most people skip straight to the title search. Confirm that the seller is legitimate. In the Mavoko saga, the society selling many of the properties claimed to have received its title deed in 1980 — but a search at the Registrar of Societies showed it was only registered in 2014.

Never buy property without a title deed

Buying land with no title deed is very risky — you can't search it at the registry, place a caution, or get bank financing. Ask why the seller hasn't obtained a title. Even with a certificate or letter of allotment you must still apply for a title deed, and it will come out in the name of the original holder of that certificate or allotment.

Confirm any unpaid land rent or rates

No property can be transferred with pending land rent or rates. Confirming tells you whether there are arrears and, for properties without a title, who is paying. In the Kirima saga the family were paying land rates — which is why the squatters' claim for adverse possession failed, since it requires proof of uninterrupted, continuous occupation.

Always have a sale agreement and proof of payment

A sale agreement and receipts are the only way to prove in court that you bought the property. In the Kirima saga, those who had this proof were saved from eviction and the court ordered the sale completed within 90 days — clear evidence of why documentation matters.

Developing a property is not protection from eviction

People in both sagas believed that having developed their properties meant they couldn't be evicted. In determining ownership, development isn't even among the top factors a court considers. Make sure you at least have a title deed before developing any property.

The Constitution of Kenya

The supreme law protecting employees. Article 27 guarantees equality and freedom from discrimination — including equal treatment and opportunity for women and men, and a prohibition (Article 27(4)) on direct or indirect discrimination on grounds such as race, sex, pregnancy or language. Article 41 guarantees fair labour relations: every worker's right to fair remuneration, reasonable working conditions, and to join a trade union or go on strike.

The Employment Act, 2007

Sets out the basic rights and duties in employment, the employer–employee relationship, and termination. Section 5 prohibits discrimination; Section 6 prohibits sexual harassment; Sections 26–34 list core entitlements. It also details termination and dismissal and the correct procedure to follow.

Key termination provisions: Section 35 (right to a termination notice), Section 36 (payment in lieu of notice), Section 40 (termination on account of redundancy), Section 44 (summary dismissal) and Section 45 (unfair termination). The Act also addresses salary reduction.

The Labour Relations Act, 2007

Consolidates the law on trade unions, employer organisations and trade disputes, and provides for their registration, regulation and management. It safeguards freedom of association and promotes effective collective bargaining — grounded in Article 41 (right to join and participate in a union, including strikes) and Article 36 (freedom of association) of the Constitution.

The Labour Institutions Act, 2007

Defines key terms in Kenya's labour law and establishes institutions such as the National Labour Board, labour administration and inspection, committees of inquiry, wages councils and employment agencies. It applies to the whole workforce except the armed forces and the police.

Occupational Safety and Health Act, 2007

Secures the safety, health and welfare of employees — and others present at the workplace — against risks arising from work activities. It requires employers to maintain healthy working conditions and a safe environment.

The Work Injury Benefits Act, 2007

Provides ILO-compliant law on the compensation of employees for injuries sustained in the workplace.

The Employment and Labour Relations Court Act, 2011

Establishes the court that hears employment matters. It has the same status as the High Court and the power to adjudicate employment and labour relations disputes.

International conventions and treaties

As a member of the ILO, Kenya has ratified a number of conventions on workers' rights and is obligated to uphold them — including the right to be free from forced labour, and the right to form and join a trade union and participate in its activities.

Confirm the lawyer's credibility

First, do your research and confirm the person representing you is actually an Advocate of the High Court of Kenya — you can check via the Law Society of Kenya portal. For a litigation matter, also make sure the advocate holds a current practising certificate.

Discuss the legal fees from the start

To avoid misunderstandings, agree how much the lawyer will charge from the outset, and put that agreement in writing. It prevents any later feeling of being overcharged.

Get a legal opinion first

Before proceeding, ask your lawyer for a legal opinion — the real position of your case and its probability of success under the law. You don't want to spend money pursuing a case you're likely to lose.

All that glitters is not gold

You don't have to use a large firm for your case to be handled well. Big firms often focus on large corporate clients and may give your matter less attention than a medium or smaller firm, which will bring diligence and care as they build their clientele.

Stay up to date with your case

Remember the case is yours, not the advocate's. Make sure you're updated on all mention dates, hearings and rulings. You've engaged the advocate to prosecute the matter for you, and it's your right under the law to be informed.

Remember you hold the power

You decide what you want; the advocate's duty is to give a legal opinion, and you make the final decisions. That includes the power to change your advocate if they're not meeting your expectations.

Avoid non-written agreements

Put any deal with an advocate — especially on fees or important decisions — in writing, signed by both of you. It's hard to prove an agreement that was never written down.

Working with an advocate is a safer bet

Some people avoid advocates and turn to non-advocates for legal problems. But with an advocate you have leverage: if a deal goes sour you can report them to the Disciplinary Committee, and advocates carry professional indemnity. That protection makes an advocate the safer choice for legal matters.

Following the disciplinary process is not enough — it must be fair

Many employers believe they've complied once they issue a notice to show cause, receive a response, hold a hearing and allow an appeal. But completing these steps does not automatically make the process fair. Employees must be given adequate time and sufficient information to understand the allegations and prepare a meaningful response. Where an employee is rushed or denied a real opportunity to defend themselves, the termination may still be procedurally unfair.

Case reference: Soita v Kenya Power & Lighting Company Limited [2026] KEELRC 922 (KLR).

Poor performance must be measured against clear expectations

Employers frequently terminate for poor performance, and the Court asks: poor performance against what standard? If you can't show the employee had a written job description, clearly communicated expectations, measurable KPIs and adequate feedback, justifying the termination becomes difficult. Courts require evidence, not assumptions.

Case reference: Chira v Messier Inclusive Technology Limited [2026] (KLR).

An impartial disciplinary panel is essential

Fairness isn't only about what happens at the hearing — it's also about who conducts it. Where the complainant, investigator or supervisor behind the allegations also sits on the panel, there can be a reasonable perception of bias. Even where every procedural step is followed, the process may be declared unfair if the panel lacks impartiality.

Case reference: Okello v Kenya Airways Limited [2026] KEELRC 1005 (KLR).

Your own communication can create legal obligations

Many employers assume a fixed-term contract simply ends on expiry — often correct. But the Court has recognised that an employer's conduct before expiry can create a legitimate expectation of renewal. Discussions about future salary reviews, assignments or continued employment may unintentionally signal that renewal is expected.

Case reference: Mwangi v National Organization of Peer Education (NOPE) [2026] KEELRC 933 (KLR).

A board resolution cannot replace due process

Some organisations assume that once the Board resolves to terminate a senior employee, the matter is settled. The law says otherwise. Regardless of seniority, employers must still comply with the Employment Act: the employee is entitled to a notice to show cause, to understand the allegations, to respond, and to be heard before a decision is made.

Case reference: Ngigi v Youth Dynamix Kenya Limited [2026] KEELRC 830 (KLR).

Deducting statutory deductions is only half the obligation

Employers must not only deduct statutory amounts such as PAYE, but also remit them to the relevant bodies within the prescribed timelines. Failure to remit can expose both employer and employee to significant financial consequences, and recent decisions show the employer may ultimately be held responsible where deductions are made but not remitted.

Case reference: Ngari v Gibb Africa Limited [2026] KEELRC 810 (KLR).