Does a land sale agreement have to be in writing?
Law of Contract Act · sources read 4 Oct 2026
Yes. No one can sue on a deal to sell or transfer an interest in land unless the agreement is in writing, signed by all the parties, and each signature was witnessed by someone present at the signing. A deal made only by word of mouth cannot be enforced in court on that basis.
- Where
- Agreements are signed between the parties. Cautions are lodged at the land registry or on Ardhisasa. Disputes go to the Environment and Land Court.
What you need
- A written sale agreement signed by all the parties
- A witness for each signature, present when that person signed
Steps
- Put the land deal in writing and have every party sign it.
- Have a witness present for each person's signature, and have the witness attest it.
- If you have a claim to the land, you can lodge a caution at the land registry to protect it.
- Disputes over land sale agreements go to the Environment and Land Court.
Watch out
- The rule does not apply to land bought at a public auction run by an auctioneer.
- The rule does not stop a court from finding a resulting, implied or constructive trust.
- A signed agreement alone does not make you the owner. Registration as proprietor is what gives ownership.
- The Land Act repeats the rule: the agreement must be in writing, signed by every party, and each signature witnessed by someone present when that party signed.
Who this covers
- Anyone buying, selling or otherwise dealing in an interest in land.
Official sources (4)
- Law of Contract Act (Cap. 23) new.kenyalaw.org · read 2 Oct 2026
- Land Registration Act, 2012 (No. 3 of 2012) new.kenyalaw.org · read 2 Oct 2026
- Environment and Land Court judiciary.go.ke · read 2 Oct 2026
- The Land Act, No. 6 of 2012 (Revised Edition 2019) landcommission.go.ke · read 4 Oct 2026