Can Foreigners Own Land in Kenya?
The short answer to this is in the affirmative. A foreigner can own land in Kenya. Article 40 (1) of the Constitution of Kenya gives the green light and stipulates:-
Subject to Article 65, EVERY person has the right, either individually or in association with others, to acquire and own property—
| (a) | of any description; and | ||
| (b) | in any part of Kenya. | ||
Nonetheless there is a caveat to this. Non-citizens can only own land on a leasehold basis and the same is capped to Ninety Nine (99) years. We are guided by The Constitution of Kenya under Article 65, which authoritatively speaks on this and denotes:-
A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.
Read Also on Our Legal Expert Guide on How To Buy Land in Kenya
This position has been upheld rigorously by the courts. In Kunde Road Residents’ Welfare Association Versus Deshun Properties Company Limited & Four Others (2013) eklr the court held thus:-
“Indeed there is no law that prohibits non-citizens from acquiring and owning freehold land, the Constitution however restricts that ownership to leasehold of a period of 99 years. It is therefore my finding that the transfer of the property in question, though the interest therein being freehold to the 1st Respondent being a non-citizen is not illegal as alleged. The bottom line is that the 1st Respondent has acquired 99 year leasehold interest…”
The key upshot from this particular decision is that, in the event a Citizen conveys interests in land that they held on a freehold basis to a non-citizen, it shall be automatically converted to a leasehold forthwith.
Matters due diligence are of paramount importance during the land purchasing process and the same should not be neglected especially by a non-citizen. From the onset, a foreigner ought to have professionals on board, especially Real Estate Advocates, who will offer precise counsel to a desirous purchaser, on the active steps to take.
In conclusion, a well guided foreigner can indeed own land and enjoy this right with no hurdles, if the regulations governing land owning for non-citizens are keenly adhered to. F.M. Muteti & Co. Advocates has highly experienced attorneys with an enviable real estate track-record of guiding foreigners in acquiring land in Kenya.
Disclaimer: The information provided in this article is provided for information purposes only and does not constitute a legal advisory. We advise prospective clients to get in touch with us for more pointed and contextualized legal advice.
To contact F.M. Muteti & Co. Advocates, please send us an email on legal@fmlawadvocates.co.ke or call +254769554444 or Book a strategy call HERE or direct message us HERE on WhatsApp at your convenience. Our legal team will guide you on how to buy land in Kenya and represent you interests firmly and professionally.
