Can Foreigners Buy Apartments in Kenya? Discover how to legally own property in Kenya as a non-citizen. Book our team today for expert real estate guidance.
Introduction
Kenya continues to stand out as a key real estate investment destination in Africa. Its stable economy, growing middle class, vibrant tourism sector, and well-developed urban infrastructure have made it particularly attractive to foreign nationals and diaspora clients seeking to purchase property for residence, holiday use, or investment purposes.
One of the most frequently asked questions by non-citizens is whether foreigners are legally permitted to purchase apartments, condominiums, or sectional units in Kenya. The short answer is yes—foreigners can acquire leasehold interests in land and fully own sectional properties in urban developments. This article offers a comprehensive overview of how foreigners can legally acquire such properties, the requirements, common pitfalls, and the most attractive locations for investment.
Foreign nationals are allowed to acquire property in Kenya, although the law places certain restrictions on the category of land they can hold. The Constitution of Kenya, 2010, and the Land Control Act prohibit foreigners from owning freehold land. However, they may own leasehold interests, typically granted for periods of 99 years.
Can Foreigners Own Property in Kenya?
Importantly, foreigners are eligible to own sectional units under the Sectional Properties Act, 2020. These include apartments, flats, and condominiums developed within properly registered schemes. Buyers receive an individual title deed for their unit, which is registrable under their name at the Lands Registry.
Most Common Types of Properties Bought by Foreigners?
Foreigners are most commonly drawn to:
- Sectional apartments in Nairobi, Westlands, Kilimani, and Kileleshwa
- Luxury beachfront condominiums in Mombasa, Diani, Malindi, and Watamu
- Furnished and serviced apartments suitable for Airbnb or short-stay leasing
- Buy-to-let investment units with high rental yields
- Holiday homes in scenic locations like Naivasha, Nanyuki, and Karen
Many foreign buyers conduct online searches using terms like “apartments for sale in Nairobi for foreigners”, “Airbnb investment property in Kenya”, and “can foreigners own apartments in Kenya”—reflecting both lifestyle and income-generating interests. We analyze all that in this article.
Popular Locations for Foreign Property Buyers
Nairobi is a preferred investment location due to its international connectivity, modern infrastructure, and high demand for rental units. Popular suburbs include Westlands, Kilimani, Kileleshwa, Lavington, and Karen.
Mombasa and Diani offer beachfront living, making them attractive for holiday home buyers and short-term rental investors. Nyali, Shanzu, and Bamburi are especially popular with foreigners.
Naivasha, Nanyuki, and Nakuru provide attractive opportunities for nature retreats, eco-lodges, and scenic residential developments.
These locations feature heavily in searches such as “condos for sale in Mombasa” and “holiday homes in Kenya for foreigners.”
Legal Process of Buying Property in Kenya as a Foreigner
Foreign buyers must follow a regulated legal process that ensures ownership rights are properly transferred and registered. The process typically includes:
- Identification of Property: The buyer selects a suitable apartment or sectional unit with the assistance of a registered agent or advocate.
- Due Diligence: A lawyer conducts a search at the Lands Registry to confirm the title, ownership status, and compliance with planning laws and the Sectional Properties Act.
- Offer and Sale Agreement: Upon agreement on price and terms, a formal sale agreement is drafted and signed, and a deposit is paid (usually 10%).
- Government Consents and Clearances: Consent from the Land Control Board may be required if the property is leasehold, and all rates and rent arrears must be cleared.
- Stamp Duty Payment: The buyer pays stamp duty—4% for urban property and 2% for rural property—based on the property’s assessed value.
- Registration: The property is registered in the buyer’s name, and a title deed (in the case of sectional property) is issued.
Required Documents for Foreign Buyers
To complete a property transaction in Kenya, a foreigner will need:
- A valid passport
- A Kenya Revenue Authority (KRA) PIN—which can be obtained through a local representative
- Proof of funds (bank statement or remittance records)
- A signed sale agreement and transfer documents
- The registered sectional plan for the apartment
Why Sectional Property is Ideal for Foreigners
The Sectional Properties Act, 2020 provides a transparent framework for the ownership of apartments and condos. It enables the issuance of individual title deeds for each unit, separate from the underlying land title.
Key benefits include:
- Full legal ownership with a registrable title
- Participation in a Management Corporation for joint decision-making
- The ability to mortgage, lease, or sell the unit
- Ease of resale and transfer without involving the developer
This clarity has made terms like “foreigners buying sectional property in Kenya” and “title deed for apartment in Kenya” increasingly common in real estate searches.
Taxes and Costs to Budget For
Foreign buyers should prepare for the following costs:
- Stamp Duty: 4% (urban) or 2% (rural)
- Legal Fees: Typically 1.5% to 2% of the property value
- Valuation Fees: Kshs. 30,000 to 80,000 depending on location and value
- Registration Fees: Kshs. 1,000 to 5,000
- Service/Management Charges: Monthly or quarterly fees payable to the Management Corporation
Common Pitfalls Foreigners Should Avoid
While Kenya offers a robust framework for foreign ownership, buyers should be cautious of:
- Purchasing unregistered or off-plan units without a sectional plan
- Failing to verify the title or ownership documents
- Engaging unlicensed real estate agents
- Not accounting for leasehold terms or expiries
- Transacting without legal representation
All transactions should be facilitated by an experienced real estate lawyer to ensure compliance with Kenyan laws and avoid future disputes.
Importance of Legal Representation
Foreign buyers are strongly advised to retain a local law firm with expertise in real estate law, land transactions, and foreign investment regulations. A competent advocate will:
- Conduct thorough due diligence
- Draft or review sale agreements
- Ensure proper registration of title
- Advise on compliance and tax matters
- Represent the buyer’s interests during negotiations
At F.M. Muteti & Co. Advocates, our team of top real estate lawyers in Kenya regularly act for foreign nationals, diaspora clients, and international investors seeking to safely and lawfully acquire property in Kenya.
Post-Purchase Considerations
Once the property is acquired and registered, the owner should:
- Register for utility services (electricity, water, internet)
- Take out a property insurance cover
- Join the building’s Management Corporation
- Understand service charge obligations
- Ensure compliance with any lease renewal conditions
For investment properties, many buyers opt to furnish the unit for Airbnb or executive leasing, a trend that is gaining popularity in urban areas and coastal towns.
Conclusion
Kenya offers tremendous opportunities for foreigners seeking to buy apartments, condominiums, or sectional properties. With legal support, transparent registration processes, and strong demand for rental units, investing in Kenyan real estate is both feasible and rewarding.
Whether you are looking to own a holiday home, earn rental income, or secure long-term residency, buying property in Kenya as a foreigner is entirely possible—so long as it is done correctly.
At F.M. Muteti & Co. Advocates, we provide full legal support to foreigners and diaspora clients investing in Kenya. From due diligence to title registration, we ensure your transaction is safe, compliant, and professionally handled.
Contact us today to begin your investment journey.