DATED THE …………………….………. DAY OF ……………………………………..……….

2023

CHARLES AMOS MAWERE ID NO. 10707322

(Vendors)

To

MAUREEN ATIENO OUMA (ID NO. 20965530)

Purchaser

AGREEMENT FOR SALE OF LAND

In respect of sale

NORTH SAKWA/MARANDA/4416

DRAWN BY:-
NIXON ABIRA
MAUWA & COMPANY ASSOCIATES,
OPP. AUTO EXTREME GARAGE/KIWASCO OFFICES-TOM MBOYA,
ALONG NYERERE ROAD,
P O BOX 1475 – 40100
KISUMU

REPUBLIC OF KENYA
 AGREEMENT FOR SALE OF LAND

THIS AGREEMENT is made on the …………….…………. Day of ……………………………... 2023

BETWEEN CHARLES AMOS MAWERE ID NO. 10707322 of P.O. Box 387 Bondo hereinafter
called the Vendor which expression shall where the context so admits include his successors and assigns
of the one part and MAUREEN ATIENO OUMA (ID NO. 20965530) of P.O. Box 1475-40100 Kisumu
hereinafter called the Purchasers which expression shall where the context so admits include her
successors and assigns of the other part.

WHEREAS:

The Vendor is the absolute proprietor of that property known as parcel No. NORTH
SAKWA/MARANDA/4416.

The Vendor is desirous of selling his beneficial interest in the said property and the purchaser is desirous
of purchasing all of the vendor’s property subject to terms of this agreement.

IT IS AGREED AND DECLARED AS FOLLOWS: -

1. Definitions and interpretations

1.1 In this agreement unless the context otherwise requires, the following expressions shall have
the following meanings:

a) “Completion Date” means One Hundred (100) days from the date of execution of this
agreement or such other date as may be mutually agreed in writing between the parties
hereto;

b) “Purchase Price means the sum of Kenya Shillings Four Hundred and Fifty
Thousand (KShs. 450,000/-) per acre translating into a total of Kenya Shillings One
Million, Three Hundred and Fifty Thousand (KShs. 1,350,000/-) only to be paid to
the vendor.

c) “Property” means ALL that land situated in the large Siaya County, comprised in parcel
No. NORTH SAKWA/MARANDA/4416 measuring approximately 1.20 Ha.

1.2 In this agreement unless the context otherwise requires, reference to:-

a) The “Vendor” includes the Vendor itself or nominee or her personal representative and
assigns and the “Purchaser” includes the purchaser’s personal representative and assigns,

b) Words importing the singular number only shall include the plural number also and vice
versa and words importing the masculine gender includes the feminine gender and neuter
and vice versa;

c) Conditions and Sections shall be constructed as references to conditions and sections of

this agreement
d) The expression “person” shall include any legal or natural person partnership, trust
company, joint venture, agency, government or local authority department or other body
(whether corporate or unincorporated);
 e) The expression “registration” means the registration of the instrument of transfer in the
Bondo District Land Registry in favor of the purchaser;

f) Any statute or any provisions of any status shall be deemed to refer to any statutory
modification or re-enactment thereof and to any statutory instrument, order or regulation
made there under or under any such re-enactment.

g) Indemnifying any person against any circumstance includes proceedings from time to
time made against that person and all loss or damage and all payments, costs and
expenses made or incurred by that person as a consequence of or which would not have
arisen but for that circumstances;

h) Costs charges, expenses or remuneration shall be deemed to include in addition, reference

to any value added tax or similar tax charged or chargeable in respect thereof, and
i) The expression “month” means a calendar month

1.3 Heading to Sections are for convenience only and shall not effect the construction or
interpretation of this agreement.

1.4 In this agreement any reference to any document means that document as is
supplemented, amended or varied from time to time between the parties thereto in accordance
with the terms (if applicable) hereof and thereof.

2. Agreement for Sale

2.1 The Vendors hereby agrees to sell and the Purchaser hereby agrees to purchase the
property at the purchase price and upon the terms and conditions set out in the agreement.

2.2 The interest sold in the Property is absolute.

3. Deposit, Balance and Conditions Precedent

3.1 The purchaser shall upon execution of this agreement pay to the vendor a deposit of the
Purchase Price of Kenya Shillings Five Hundred Thousand Only Kshs. 500,000/-) as
contained in the below schedule;
NAME AMOUNT FORM OF PAYMENT
CHARLES AMOS MAWERE 500,000/- CO-OPERATIVE BANK, 01109182281800

3.2 The part balance of Kenya Shillings Five Hundred Thousand Only Kshs. 500,000/- shall
be paid to the Vendor upon availing a search of the property in his sole name to the
Purchaser’s Advocate.
3.3 The Balance of Kenya Shillings of Kenya Shillings Three Hundred and Fifty Thousand
Only Kshs. 350,000/-) shall be paid to the Vendor upon successful transfer of the property in
the names of the Purchaser.
3.4 Currently the Property is in the names of CHARLES AMOS MAWERE, ELIZABETH
JUMA MAWERE, MOSES OMONDI MAWERE, WALTER ODHIAMBO MAWERE
& PAUL OTIENO MAWERE.

3.5 Upon payment of the Deposit amount the Vendor shall deliver to the Purchaser’s advocates
or her assigned representative.
I. Title Deed
II. The duly executed application for consent for subdivision
III. The duly executed mutation forms
IV. The duly executed application for consent to transfer
V. The duly executed instrument of transfers (in triplicate) in respect of the
VI. Property in favour of the Purchaser or its nominee.
VII. Copies of the Vendors PIN Certificate plus Identity card
VIII. Three (3) coloured passport size photographs of the Vendor.
Save subject to clause 3.2 above, the Purchaser upon receipt of the above completion
documents shall endeavor to lodge the same for registration within 10 days.

4. Time

4.1 Time shall be of essence in respect of all obligations of the parties hereunder

5. Capacity.

5.1 The Vendor sells the property free from any encumbrances or adverse claim whatsoever

6. Possession

6.1 The Property is sold with vacant possession and the Purchaser is at liberty to take
possession and deal with the property immediately upon payment of the deposit agreed.

6.2 The sale includes no movables

7. Matters affecting the Property

7.1 The property is sold subject to;

a) All subsisting easements, quasi-easements and rights of way and

b) The acts, terms, easements and right of way (if any) enjoyed by virtue of an Act of
parliament and covenants and conditions mentioned in the Title together with any
overriding interests under which the Vendor hold the same otherwise fee from all
encumbrances, easements, lease, licenses, mortgages or other security interests and
subject to discloser by the Vendor.

8. Disclaimer

8.1 The Vendor and the Purchaser agree that: -

a) The purchaser shall commission the survey of the property at its own cost and this agreement in
so far as it relates to acreage shall be subject to the finding of such survey. Thereafter the
purchaser shall be deemed to have purchased the property with full knowledge of its actual size
and shall take the property as it stands at the completion date.

b) This agreement constitutes the whole agreement between the parties hereto relating to the sale
and purchase of the property and supersedes and extinguishes any prior agreements of any nature
whatsoever whether or not in writing relating to the sale and purchase of the property; and

9. The purchaser has carried out official searches against the titles to the property at the relevant
land registry and is satisfied as to the term of the title and shall be entitled to raise or make any
objection or requisition relating to any such title after the date of the signing of this agreement.

10. Legal and other costs

10.1 The parties hereto shall be responsible for the fees of their legal advisers in connection with
this agreement and the sale and purchase of the property.

10.2 All stamp duty and registration fees payable on the transfer of the property to the purchaser
shall be on the account of the purchaser.

11. Warrants by the Vendor

11.1 The Vendor is the lawful owner of the property and is duly authorized and able to enter into
this agreement and perform his obligations herein.

11.2 There is no law or decree or similar enactment binding the vendor in so far as vendor is aware
which would conflict with or prevent it from entering into or performing and observing the
terms of this agreement or that might curtail the purchasers right to register the titles to its
name.

11.3 The vendor is not engaged to the best of the vendor’s knowledge in any litigation, arbitration
or administrative proceedings relating to the property.

11.4 There is no adverse claim on the property, dispute regarding ownership, boundary, easement,
right of way or any other such matters.

11.5 The Vendors have not given any rights or way, easement or any overriding interest and have
no intentions of doing so.

11.6 The vendor has to the best of its knowledge disclosed to the purchaser all material
information relating to the property.

11.7 All notices received from the Government or municipal authority or from the owners of
adjoining property have been complied with and disclosed to the purchaser by the vendor.

11.8 The vendor will immediately disclose in writing to the purchaser of any event or
circumstances which may arise or become known to it after the date of this agreement and
prior to completion which is inconsistent with any of the warranties or which had it occurred
on or before the date of this agreement would have constituted a breach of the warranties or
which is material to be known by a purchase for value of the property.
 11.9 The Vendor hereby confirms that the said parcel of land is sold free from any encumbrances
and undertakes to indemnity the purchaser in the event of any claim from any thirty party.

12. Arbitration

All disputes or differences which shall at any time arise between the parties concerning any
matter in any way connected with or arising out of the subject matter of this agreements shall be
referred to a single arbitrator appointed by the parties or in default appointed by the Law Society
of Kenya.

13. Miscellaneous

13.1 The right provided in this agreement are cumulative and not excusive of any rights or
remedies provided by law.

13.2 If any term or condition of this agreement shall to any extent be found or held to be invalid or
unenforceable, the parties shall negotiate in good faith to amend such term or condition so as
to be valid and enforceable and such invalidity or unenforceability shall not by itself defeat
this agreement.

13.3 If any term or condition of this agreement shall be to any extent be invalid or unenforceable,
then remainder of this agreement shall not be effected and each term and condition shall be
valid and enforceable to the fullest extent permitted by law.

13.4 If the sale is not completed in accordance with the terms of this agreement because of default
by the purchaser, the vendor may at its option cancel the sale upon giving a twenty one (21)
days written notice to the purchaser to fulfil the obligations required of them in which event
upon expiry of the notice and the default still continues the vendor shall be at liberty to sell
the property to a third party of the vendor’s choice and the deposit paid by the purchaser shall
be refunded in full.

13.5 If the sale is not completed for any reason due to default on part of the vendor then the
purchaser may, at their own option, cancel the sale upon giving twenty-one (21) days
completion notice to the Vendor and if the Vendor fails to complete, the Vendor shall refund
the purchase price and consequential costs the Purchaser might have incurred.

IN WITNESS whereof the agreement has been duly executed by and/or on behalf of the parties hereto
the day and year first hereinbefore written.
SIGNED BY THE VENDOR )
CHARLES AMOS MAWERE ) ………………………………
ID NO. 10707322
In the presence of

SIGNED BY THE PURCHASER )

MAUREEN ATIENO OUMA ) ………………………………………
ID NO. 20965530
In the presence of )

I certify that the above-named persons appeared before me on …………………… day of

……………………………………… 2023 and duly signed this agreement in my presence.

…………………………………………………
Signature and Designation of
Person certifying

VENDOR’S WITNESS(ES)

DANIEL OWINO OCHIAGO ………………………………..

ID NO. 24536020

PURCHASER’S WITNESS(ES)

THADEUS ONDIJO OWITI ………………………………..

ID NO. 24590960

JACK ODHIAMBO ………………………………..

ID NO. 25543285

DRAWN BY:-
NIXON ABIRA
MAUWA & COMPANY ASSOCIATES,
OPP. AUTO EXTREME GARAGE/KIWASCO OFFICES-TOM MBOYA,
ALONG NYERERE ROAD,
P O BOX 1475 – 40100
KISUMU