Charging land in Nairobi means using your property as collateral for a loan from a bank, SACCO, or financial institution. While the core legal process is the same across Kenya, land charges in Nairobi follow specific procedures at the Nairobi Land Registry under the Ministry of Lands and Physical Planning.

Here’s a practical guide to help you understand and legally complete a land charge — with professional assistance from our firm, AWK Advocates.

✅ Step-by-Step Process to Charge Land in Nairobi

1. Conduct a Land Search

• Visit the Nairobi Land Registry (Ardhi House) or use the e-Citizen platform.
• Search confirms ownership, encumbrances, and land status.
• We handle searches and due diligence on your behalf to avoid title disputes.

2. Obtain Land Control Board (LCB) Consent (if required)

• If the land is agricultural (even within Nairobi boundaries), consent from the LCB is needed.
• Submit application and appear in person for approval.
• For non-agricultural urban land, this step may be exempt.

3. Get Spousal Consent (If Married)

• As per the Matrimonial Property Act, if the land is matrimonial property, your spouse must sign a consent form before the charge can proceed.
• Failing to get this consent can invalidate the charge.

4. Land Valuation

• A certified valuer inspects and values the property to determine its lending value.
• The lender uses this to approve your loan.

5. Draft and Sign the Charge Instrument

• Prepared by the lender’s or your advocate, this legal document details:
  • The loan terms
  • Default consequences
  • Rights and obligations of both parties

📌 At AWK Advocates, we review and/or draft charge documents to ensure they are fair, enforceable, and aligned with the law.

6. Stamp Duty Payment

• Before registration, the charge document must be assessed and stamped at the Kenya Revenue Authority (KRA).
• Typically, stamp duty is 0.1% of the loan amount.

7. Registration at Nairobi Land Registry

• After stamping, the charge is registered at the Nairobi Lands office.
• The Land Registrar:
  • Records the charge on the land’s official records
  • Endorses it on the title deed

⏱️ Timelines vary but can take 2–4 weeks depending on registry workload.

8. Loan Disbursement

• After registration, the lender releases the loan as per the terms.

🛡️ What If You Default?

• The lender may issue a demand notice, followed by:
  • Statutory notice of 90 days
  • Auction notice of 45 days (as per the Land Act)
• If unpaid, the land may be sold through public auction.

🔒 AWK Advocates can help negotiate payment terms or stop unlawful sales where necessary.

🧾 Documents Needed

💼 How AWK Advocates Helps You

At AWK Advocates, we handle everything from start to finish:

• ✅ Title verification and search
• ✅ LCB and spousal consents
• ✅ Charge drafting and review
• ✅ Stamp duty filing and registration
• ✅ Legal advisory if disputes arise

🔗 Visit our website to get started or book a consultation.

📞 Need Help Charging Land in Nairobi?

Get peace of mind knowing your property is protected and your transaction is legally sound. Contact AWK Advocates for expert legal guidance and support.

📧 Email or call us today via awkadvocates.co.ke to begin the process. Would you like a checklist or sample charge document template?