What instruments are assessed for Stamp Duty?

  • All land transactions involving change of ownership either through valuable consideration, gifts or partition of land attract stamp duty except where specifically stipulated by the law.
  • Charges, Mortgages and debentures.
  • Bonds, consultations, deeds, Easements, general and specific power of Attorney, Variation of a Document, Commissioner of Oaths, Deed of indemnity, Guarantee, instruments under the chattels Transfer Act i,.e Chattels Mortgage, R.L 19, R.L 7, R.L 57,Assents, Mining Contracts
  • City Council Leases are assessed at 60 pounds.
  • Deed of Partition is assessed at two (2) percent of the lower value. To convert the value to Kenya pounds its divided by 20.
  • Partnership Deed is assessed at fifty (50) pounds.
  • Agreements pursuant to a power of Attorney is assessed at five (5) pounds on the agreement and four (4) percent of the consideration on the power of attorney. To convert the value to Kenya pounds it’s divided by 20.
  • Surrender, revocation of power, supplemental charge, and partial discharge is assessed at one (1) pound.
  • Increase of nominal capital is assessed as 1 percent of the increased amount. To convert the value to pounds it’s divided by 20.

What instruments are not assessed for Stamp Duty? 

Some instruments are not assessed for Stamp Duty.

They include;

  1. Court Orders
  2. Affidavits
  3. Cautions
  4. Caveats
  5. Wills

Can I get an exemption from Stamp Duty?

Yes. 

Stamp Duty exemption may be obtained for transactions, including but not limited to:

  • Transfer of land to charitable organizations as gifts.
  • Transfer of property between spouses.
  • Transfer of family property to the members on demise of a family member in whose name the property was registered.
  • Transfer of land from a Holding Company and its Subsidiaries where the holding company owns not less than ninety percent (90 %) of the shares of the subsidiary, etc.
  • Transfer of family property to a company wholly owned by the same family (By virtue of Legal Notice Number 92 of 2007 issued pursuant to section 106 of the Stamp Duty Act).