Does a lease or rental agreement have to be registered?
Land Registration Act, 2012 and Land Act, 2012 · sources read 5 Oct 2026
A lease of 2 years or less with no option to renew, or a month-to-month (periodic) tenancy, is a short-term lease: it can be oral or written and cannot be registered. A longer lease does not create or affect the land until it is registered, and a certificate of lease is issued only for a lease of over 21 years.
- Where
- Longer leases are registered at the land registry where the land is registered (or on Ardhisasa where your registry is online). Short-term leases are not registered.
Steps
- For a short-term lease, a written or oral agreement between you and the landlord is enough. There is nothing to register.
- For a longer lease, lodge the signed lease for registration at the land registry, with proof of stamp duty, ID, KRA PIN and 2 passport photos.
- If the lease is for more than 21 years, you can ask the Registrar for a certificate of lease.
Watch out
- The registration rule doesn't cancel the lease as a contract between you and the landlord. It decides whether the lease takes effect on the land itself.
- If the lease bars subletting or transfer without the landlord's written consent, that is noted on the register and no dealing with the lease is registered until the consent is produced.
- A short-term lease can't be registered even if you want it on the title.
Who this covers
- Short-term leases: 2 years or less without an option to renew.
- Periodic tenancies (rent paid week to week or month to month) also count as short-term leases.
- Longer leases of registered land, which must be registered to take effect on the land.
Official sources (3)
- Land Act (Cap. 280, No. 6 of 2012), version of 4 November 2025 new.kenyalaw.org · read 5 Oct 2026
- Land Registration Act, 2012 (No. 3 of 2012) new.kenyalaw.org · read 3 Oct 2026
- Lease and sub-lease processing lands.go.ke · read 3 Oct 2026