In Kenya, stamp duty for creating a charge (mortgage) is 0.1% of the secured amount, while discharging a charge (releasing the security) is 0.05% of the originally secured amount. Both transactions incur additional nominal fees, such as a title fee of KES 2,500 and nominal duty.
Key Stamp Duty Rates for Charge and Discharge (Kenya)
- Charge/Mortgage (Initial/Further Charge): 0.1% of the total amount secured.
- Discharge of Charge: 0.05% of the amount secured in the original charge.
- Registration Fees: Generally, a nominal fee of KES 1,000 + Title fee of KES 2,500 may apply to both, with some registry costs varying based on the secured amount.
Important Considerations
- Timeline: A charge must be stamped within 30 days of execution.
- Documentation: Both processes require the instrument, original title, proof of payment, ID/passport, and PIN certificate.
- Exemptions: Stamp duty is not charged twice if a mortgage is moved from one bank to another (refinancing).
Disclaimer: Stamp duty rates can change; always confirm with the Lands Registry or a legal professional.
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