Introduction The face of urban living in Kenya has changed. An increasing number of...
Real Estate & Infrastructure / Nairobi, Kenya
The legal risk on your Nairobi development rarely shows up on the site plan.
Top Real estate lawyers in Kenya for developers, investors and lenders building malls, apartments and mixed use projects across Nairobi’s high end districts, from the first title search to the day the last unit is handed over.
What You’re Actually Up Against
You are not buying land. You are buying its history.
You have found the site. The numbers work. Then the questions start. Is the title clean, or does it carry a claim from before the current owner. Does the building you are planning need sectional titles from day one, and who is on the hook for the reserve fund if it does not. Can your holding structure actually own freehold land, or are you looking at a 99 year lease you did not budget for. What happens to your timeline if the county, the National Land Commission, or a neighbouring claimant objects six months into construction.
None of these questions show up on a site plan or a feasibility study. They surface in a due diligence report, a regulator’s letter, or a dispute filed after the concrete is already poured. For a foreign developer or an institutional investor, that is not a legal inconvenience. It is a capital risk.
How We Work
We read the site the way a regulator will, before you break ground, not after.
Thomas Louis Advocates advises developers, investors and lenders on the full life of a Kenyan real estate or infrastructure project. Every file is led directly by a partner, not handed to a junior working unsupervised, because a missed encumbrance or an incomplete search rarely surfaces at the moment it happens. It surfaces years later, when it is expensive to fix.
What Our Top Real Estate Lawyers In Kenya Handle
Counsel across every stage of the project, not just closing
01 Acquisition
Conveyancing & title due diligence
Full chain of title verification, encumbrance searches, and sale, purchase or lease completion, built to survive scrutiny years after closing.
02 Structuring
Sectional title & development structuring
Sectional Properties Act compliance from design stage, joint venture agreements, and development lease structuring for mixed use sites.
03 Capital
REIT formation & capital structuring
REIT formation and Capital Markets Authority compliance, built around the Finance Act 2026 relief now available to qualifying transfers.
04 Infrastructure
PPP & infrastructure advisory
Technical advisory under the Public Private Partnerships Act, 2021, for developers whose projects sit alongside public infrastructure.
05 Risk
Urban land risk mapping
Legal risk assessment across county approvals, National Land Commission exposure and physical planning compliance before you commit capital.
06 Cross Border
Cross border structuring
Property and infrastructure structuring across Kenya, Uganda, Tanzania and Rwanda for regional developers and institutional funds.
Why Timing Matters Right Now
Three changes are moving through Kenyan real estate law this year
None of these are theoretical. Each one changes a number in your model or a date on your calendar.
Sectional title conversion deadline
Buildings still on the old leasehold, company title system must convert under the Sectional Properties Act, 2020. New developments carry the same obligation from the outset, including funding the reserve fund before handover.
REIT tax relief under the Finance Act 2026
Proposed stamp duty and capital gains exemptions for property transferred into a Capital Markets Authority regulated REIT change the economics of bringing institutional capital into a project, if the structuring is done correctly.
Land administration reform
The National Land Commission’s reopened mandate to review historical grants makes thorough title due diligence, not a formality, the difference between a clean acquisition and a future dispute.
Working With TLA
A clear path from first call to handover
STAGE 01
Share Your Site
Tell us about the land, the deal or the dispute. We assess it confidentially within one business day.
STAGE 02
Meet Your Counsel
A partner reviews the file directly. No layers, no juniors handling your matter without oversight.
STAGE 03
Due Diligence & Structuring
Title, regulatory and structuring work runs in parallel with your own project timeline, not against it.
STAGE 04
Close & Handover
From completion through to sectional title issuance and reserve fund handover, we stay on the file to the end.
On The Record
Real estate and infrastructure work at national scale
Our team advised the National Treasury, jointly with PwC and the World Bank, on a public private partnership programme to develop 10,000 kilometres of Kenyan roads, a flagship infrastructure project of the Kenyan government.
We advised the Government of Kenya on the conceptualisation of the Bomas International Convention and Exhibition Centre, reviewing feasibility studies, tender documentation and the master plan.
We procured Competition Authority of Kenya and COMESA Competition Commission approvals across Kenya, Tanzania and Uganda for a cross border energy sector acquisition, work that now underpins how we handle multi jurisdictional real estate and infrastructure files.
10,000km
PPP road network advised
3
Countries, regulatory approvals secured
18+
Years legal leadership
10+
East African markets covered
Questions We Hear Often
Real estate lawyers in Kenya, answering it straight
Do I need a lawyer to buy property in Kenya?
Not a legal requirement, but standard and strongly advisable practice. A conveyancer confirms the seller’s title, checks for encumbrances at the relevant land registry, and ensures the transfer, stamp duty and registration are handled correctly, protecting you from disputes that can surface years later.
What is the Sectional Properties Act, 2020, and does it affect my development?
It replaced Kenya’s earlier company title system for apartments and multi unit developments with individual sectional titles. Existing buildings on the old leasehold model must convert within the transitional window, and new developments must comply with sectional title requirements, including the reserve fund, from the design stage.
How long does conveyancing typically take in Kenya?
A straightforward freehold transfer with a clean title can complete within a few weeks once searches, consents and stamp duty assessment are done. Leasehold transfers, sectional title conversions and transactions requiring county or National Land Commission approval typically take longer.
Can a foreign company own real estate in Kenya?
Foreign investors can hold leasehold interests in Kenyan land, generally for terms of up to 99 years, and can invest in real estate indirectly through vehicles such as REITs. Freehold ownership by non-citizens is restricted, so structuring advice at the outset is important for any cross border investment.
What is a REIT and how is it regulated in Kenya?
A Real Estate Investment Trust pools capital from investors to hold income generating property, distributing the majority of net income to unit holders. REITs in Kenya are regulated by the Capital Markets Authority, and recent tax proposals aim to make contributing property into a REIT more cost efficient for developers.
Real Estate & Infrastructure
Speak with real estate lawyers in Kenya who have advised on the country’s largest property and infrastructure mandates.
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