Can a foreigner own land in Kenya? 5 Things You Need to Know.

Kenya is a beautiful country with diverse landscapes, rich culture, and abundant opportunities. Many foreigners have fallen in love with this country and decided to buy land here. But before you pack your bags and book your flight, there are some things you need to know about owning land in Kenya as a foreigner.

Can a foreigner own land in Kenya?

Yes, a foreigner can own land in Kenya in their name. The Constitution of Kenya, the Lands Act, and the Land Registration Act grant the right to any person, either individually or in association with others, to acquire and own land in Kenya1. However, foreigners are subject to certain limitations and restrictions with regard to the kind of tenure they can hold in land and the type of land they can own.

Can a foreigner own freehold land in Kenya?

No, a foreigner cannot own freehold land in Kenya. Freehold land is land that is owned permanently and without any limitations or conditions2. The Constitution provides that non-citizens may only own land on a leasehold basis for a term not exceeding 99 years3. If a non-citizen currently owns freehold land or leasehold land of a term exceeding 99 years, then their interest in the land will be reduced to a 99 year leasehold interest3. A non-citizen can apply for an extension or renewal of the lease at the expiry of the 99 year term.

Foreigners owning land in Kenya: 5 Things to Know

Foreigners can own leasehold land in Kenya, but they have to follow certain rules and regulations. They also have to be aware of the risks and challenges involved. Some of the things that foreigners need to consider when owning land in Kenya are:

They have to obtain consent from the Kenyan government before buying or leasing land, which involves submitting an application to the Ministry of Lands and Physical Planning. The process of obtaining consent can be lengthy and requires several documents, such as a valid passport, proof of income, and a detailed proposal for the use of the land

They have to conduct due diligence on the land before purchasing or leasing it, including checking for any outstanding debts or disputes over ownership. They also have to verify the title deed, obtain consent from the government, and seek legal assistance.

They have to pay taxes and fees for acquiring and owning land, such as stamp duty, registration fees, legal fees, valuation fees, etc

They cannot own agricultural land or land within land control areas. Agricultural land is land that is used for farming or ranching purposes3. Land control areas are areas that are designated by the government as requiring special protection or regulation

They have to deal with cultural and social issues that may arise from owning land in Kenya, such as land disputes, corruption, insecurity, etc

Summary

Owning land in Kenya as a foreigner is possible but subject to several limitations and restrictions. Foreigners can only own leasehold land for up to 99 years and cannot own freehold or agricultural land. Foreigners also need to obtain consent from the government, conduct due diligence, pay taxes and fees, and cope with cultural and social issues when owning land in Kenya. I hope this article helps you learn more about foreigners owning land in Kenya.

akama

Can a foreigner own land in Kenya? 5 Things You Need to Know.