January 2022

Transactional costs when buying property in Kenya

It is not uncommon for a person selling or purchasing land or an apartment to get surprised that over and above the actual cost of the property that they intend to sell or purchase, other attendant costs arise which must be settled before they can complete the transaction.

Withholding Tax on Rental Income

Withholding tax is a retention tax that requires the payer of certain incomes to deduct tax at source from payments made and remit the deducted tax to Kenya Revenue Authority (KRA). The withholding tax rate varies depending on the nature of the income earned and on whether one is a Kenyan resident or a non- resident.

Sectional Properties Act

Pursuant to a notice issued by the Ministry of Lands and Planning (“MOLPP”) on 9th May 2021, long term leases supported by architectural drawings shall no longer be registered with effect from 10th May, 2021.   The Act and the Land Registration Act require that all sectional plans submitted for registration must: be geo-referenced; indicate the parcel number; indicate the unit’s...

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