Tenancy agreements: what to include and stamp duty
State Department for Lands and Physical Planning · sources read 4 Oct 2026
Write down the rent, when it's due, how long the let runs and the notice to end it, then have the signed agreement assessed and stamped on Ardhisasa within 30 days. Anything you leave out is filled in by the Land Act, such as the landlord keeping the house fit to live in.
- How long
- Stamp duty assessment is free and immediate
- Deadline
- Stamp the agreement within 30 days of signing it
- Where
- Stamp duty is assessed and paid online on Ardhisasa (ArdhiPay), the Ministry of Lands system
What you need
- The signed tenancy agreement (for stamp duty assessment)
Steps
- Put the key terms in writing: rent and when it's paid, the start date, how long it lasts and the notice to end it. With no term and no notice clause, the law treats it as a periodic (e.g. month-to-month) tenancy.
- Both sign. The agreement must then be stamped within 30 days of signing.
- Get the stamp duty assessed and pay it on Ardhisasa through ArdhiPay. Keep the receipt with the agreement.
Watch out
- An unstamped agreement can't be used as evidence in a civil case. If you ever need to go to court over rent or a deposit, a stamped agreement matters.
- Some terms apply even if they're not written: the landlord must keep a rented home fit to live in, and the tenant hands it back in the same condition apart from fair wear and tear.
- A let of two years or less can be oral or written and doesn't need registering at Lands. Longer leases are different.
Who this covers
- Landlords and tenants of any rented house, flat, room or land, unless the agreement itself says otherwise
Official sources (6)
- Land Act, No. 6 of 2012 (Revised Edition 2019) landcommission.go.ke · read 4 Oct 2026
- Stamp Duty Act (Cap. 480) new.kenyalaw.org · read 4 Oct 2026
- State Department for Lands Rolls out NSDM Countrywide, Making Land Transactions Faster and Transparent (16 February 2026) lands.go.ke · read 4 Oct 2026
- State Department for Lands and Physical Planning Service Charter (updated 2025) lands.go.ke · read 4 Oct 2026
- Stamp Duty Assessment & Exemption lands.go.ke · read 4 Oct 2026
- Lease & Sub-lease Processing lands.go.ke · read 4 Oct 2026