ADVOKS GLOBAL · KENYA
Stamp Duty Act
48. Direction as to duty in certain cases of conveyances, mortgages and settlements
Edition: 2026-07-01 · In force
48. Direction as to duty in certain cases of conveyances, mortgages and settlements
(1)Where property contracted to be sold for one consideration for the whole is conveyed to the purchaser in separate parts or parcels by different instruments, the consideration shall be apportioned in such manner as the parties think fit, so that a distinct consideration for each separate part or parcel is set out in the conveyance relating thereto, and that conveyance shall be charged with ad valorem duty in respect of the distinct consideration.(2)Where property contracted to be purchased for one consideration for the whole by two or more persons jointly or by any person for himself or others or wholly for others is conveyed in parts or parcels by separate instruments to the persons by or for whom it was purchased for distinct parts of the consideration, the conveyance of each separate part or parcel shall be charged with ad valorem duty in respect of the distinct part of the consideration therein specified.(3)Where there are several instruments employed for completing any conveyance, mortgage or settlement, the principal instrument only shall be charged with ad valorem duty and each of the other instruments shall be chargeable with a duty of five shillings instead of the duty (if any) prescribed for it in the Schedule.(4)(a)Where any property is conveyed by one person to another by the direction, or at the request, or with the consent, of an intermediary or intermediaries, the conveyance shall be charged with duty as if it were both a conveyance of the property by the transferor to the intermediary or, as the case may be, to the first intermediary, and also a number of conveyances whereby each intermediary conveys the property to the next intermediary or, in the final case, to the transferee.(b)Every conveyance to which this subsection refers shall recite the fact of each such direction, request or consent; and, if the instrument is executed without that recital, every person executing it knowing that it does not contain that recital (which knowledge shall be presumed unless the contrary is proved) shall be guilty of an offence and liable to a fine not exceeding fifty thousand shillings.(c)In this subsection, "intermediary" means a person, other than the transferee, who since the commencement of this Act acquired the right to call for a conveyance of any property under an agreement for sale, trust or otherwise howsoever, and includes two or more such persons acting jointly.