Land Ownership by Foreigners in Kenya

Anne M. Kayoi

Sep 26, 2022

This article provides general information and should not be construed as legal advice. For specific advice tailored to your situation, please contact our office.

Many are times I get the question whether a non-citizen can own land in Kenya; my definite answer has always been a big YES.

Constitutional Provisions

The Kenyan Constitution under Article 40 guarantees ownership of land in Kenya by any person. The term is however limited to a leasehold of a term of 99 years. The term can however be extended through an application for renewal.

Restrictions on Agricultural Land

The Land Control Act also prohibits ownership of agricultural land by foreigners. This means that as a foreigner, one can only purchase land situated in the municipalities, towns and cities.

Leasehold Properties

Foreigners can acquire leasehold properties for up to 99 years, with the possibility of renewal upon application.

Urban Properties

Non-citizens can purchase land in urban areas including municipalities, towns, and cities for residential or commercial purposes.

Due Diligence

Proper legal due diligence is essential when purchasing property in Kenya to ensure clear title and compliance with all regulations.

The Land Acquisition Process

Property Identification: Identify the property you wish to purchase and verify its location (must be in an urban area for foreigners).
Due Diligence: Conduct thorough legal and technical due diligence to verify ownership and ensure there are no encumbrances.
Sale Agreement: Draft and execute a sale agreement with the seller, outlining the terms and conditions of the purchase.
Payment: Make the payment as per the terms agreed in the sale agreement.
Transfer: Complete the transfer process at the relevant land registry.
Registration: Register the property in your name to secure your ownership rights.

Need Legal Advice?

Do not hesitate to contact us for legal advice in purchasing of land. Our experienced team can guide you through the entire process, ensuring compliance with all legal requirements.

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