Before capital is committed, every title, encumbrance and fraud risk must be verified against primary sources — not assumptions. We conduct rigorous pre-acquisition and pre-lending due diligence under Kenya’s land law framework, including systematic checks against the Ndungu Land Report findings.
Kenya’s land market carries a distinct set of structural risks — many traceable to decades of irregular allotments, dual-title fraud and administrative lapses documented in the 2004 Ndungu Land Report and its subsequent implementation reviews.
Verification that the certificate of title or deed plan is genuine, correctly registered and free of material errors in the Land Registry record — including RIM mapping checks under the Survey Act (Cap. 299).
Systematic search for registered cautions, caveats, charges, mortgages, easements and restrictive covenants under the Land Registration Act 2012 (No. 3 of 2012) that limit use or transfer.
Cross-referencing against the Ndungu Land Report’s lists of irregularly allocated public land and the National Land Commission revocation orders to detect titles that may be subject to challenge or cancellation.
Tracing the historical chain of ownership and transfers on the register to identify any break in title — a common vulnerability in parcels that passed through multiple informal transactions before formal registration.
Confirming user and development permissions against county zoning plans, physical development plans and NEMA environmental requirements, where applicable under the Physical and Land Use Planning Act (Cap. 308).
Clearance certificates from the relevant county government confirming that land rates and ground rents are paid to date — an obligation on the transferor under the Rating Act (Cap. 267) and Local Government Act.
Every title search in Kenya’s high-risk zones requires explicit cross-referencing against the Ndungu Report. Here is what the report established, and why it remains a live risk today.
Chaired by Paul Ndungu, the Commission found extensive, systematic and deliberate allocation of government and public trust land to private individuals — much of it during the 1980s and 1990s. The report documented allocations of forest land, road reserves, riparian land, school grounds and other protected categories, many supported by genuine-looking titles issued through the Land Registry.
The National Land Commission (NLC), established under the Constitution 2010 and the NLC Act (No. 5 of 2012), inherited the mandate to implement revocations. NLC has since issued revocation notices for a significant subset of the affected parcels — but the process remains incomplete, and titles on the revocation list can still appear “clean” on a surface registry search.
The Ndungu Report Check runs instantly, at no cost, and is currently in beta: it searches a limited excerpt of the Report rather than its full text. Land Rent, Land Rates and Property Search are formal paid instructions with fixed turnaround times — upload your documents and our team will action the search.
LR 26453 · LR 22473 · Hyrax-Hill-Site — this beta covers Report pages 91–234 only.Land Rent is payable to the National Government on leasehold land. We confirm current standing and obtain a clearance certificate where applicable. Upload your documents and submit your request below.
Land Rates are payable to the County Government. We confirm current standing and obtain a clearance certificate. This service currently covers selected counties only — select yours below.
A full property search confirms registered ownership, encumbrances, cautions and the chain of title at the relevant Land Registry or Ardhisasa. This is the most comprehensive of our three paid searches.
This tab will generate a consolidated due-diligence snapshot from your Ndungu Report check and the status of any paid searches instructed above. It is being finalised and is not yet available. In the meantime, our advisory desk prepares a full written risk report once your instructed searches are complete.
Kenya’s land law was comprehensively reformed by the Constitution 2010 and three Acts of Parliament enacted in 2012. Due diligence must be read against this framework and relevant case law.
| Legislation / Source | Relevance to Due Diligence | Key Provision |
|---|---|---|
| Constitution of Kenya 2010 Art. 60–68 | Establishes the national principles for land use, ownership categories (public, community, private) and the National Land Commission. | Art. 67 vests in the NLC power to investigate present or historical land injustices, including those arising from the Ndungu findings. |
| Land Registration Act 2012 No. 3 of 2012 | Governs the land registration system; defines effect of registration, overriding interests and rectification of the register. | S. 26 — a certificate of title is conclusive evidence of ownership subject to the fraud and misrepresentation exceptions. |
| Land Act 2012 No. 6 of 2012 | Regulates transactions in land including compulsory acquisition, leases, charges and cautions. | S. 55–80 govern compulsory acquisition — relevant where subject land may be in a public interest corridor. |
| National Land Commission Act 2012 No. 5 of 2012 / Cap. 5D | Establishes the NLC; grants it powers to investigate irregular allocations and recommend revocations. | S. 14 — NLC may audit land grants; S. 15 empowers it to review grants made in violation of the law, including Ndungu-listed parcels. |
| Survey Act Cap. 299 | Governs the survey and mapping of land parcels; certified survey plans are the primary spatial record. | S. 20 — mutation forms and deed plans must be approved before subdivision or amalgamation can be registered. |
| Physical and Land Use Planning Act 2019 No. 13 of 2019 / Cap. 308 | Governs physical development planning; zoning designations constrain permissible uses and development density. | S. 54 — development without planning permission is unlawful; a change of user certificate is required for certain use changes. |
| Ndungu Land Report 2004 | Identifies specific land reference numbers allocated irregularly; forms the primary cross-reference database for fraud risk. | Appendix schedules list LR numbers; NLC has supplemented these with Gazette Notice revocations since 2015. |
Note: The above is a factual summary for reference purposes and does not constitute legal advice. All due diligence findings should be reviewed by a qualified Kenyan advocate before any transaction is completed.
A structured, evidence-based process from instruction to written report — anchored in primary source documents, not assumptions.
We agree the specific parcel, purpose (acquisition, lending or refinancing) and depth of search required. A fee proposal is issued within 48 hours.
We obtain the current title register extract from Ardhisasa or the physical Land Registry, confirming the registered owner, title number, area and any registered encumbrances.
The LR number is cross-referenced against the Ndungu Report schedule and NLC Gazette Notices to identify any irregular allocation flag or pending revocation.
We review the survey plan and deed plan against the RIM mapping, county boundaries and adjacent parcels to confirm dimensions, road reserve setbacks and riparian buffer compliance.
We obtain rates and ground rent status from the relevant county and confirm the position on any registered cautions, restrictions, mortgages or easements.
A structured due diligence report is issued, setting out all findings, risk ratings and a clear recommendation — ready for an investment committee, lender or legal counsel.
Provide us with the title number and parcel details. We will confirm the scope, timeline and fee within 48 hours of instruction.
Mpaka House, Mpaka Road
Westlands, Nairobi
+254 701 303 030
info@jwrealty.co.ke