The straight answer every diaspora and international buyer needs to know
The Question That Keeps You Awake at Night
But then the doubts creep in. "Can I actually own land as a foreigner?" "What if I invest and lose everything because of some law I didn't know about?" "Is it even legal for me to buy property in Kenya?"
✅ Your concerns are valid. The rules are real. But your dream is still possible - you just need to understand how.
The Simple Answer (That Changes Everything)
Quick Answer: No, foreigners cannot own land permanently in Kenya. But yes, you can control land for up to 99 years.
Here's what this means in plain English:
Freehold ownership (owning land forever) = Only for Kenyan citizens
Leasehold ownership (controlling land for a set time) = Available to foreigners for up to 99 years
The Kenyan Constitution is clear on this. Article 65 states that non-citizens can only hold land through leasehold, and that lease cannot exceed 99 years.
Understanding the Two Types of Land Ownership
Freehold = Forever Ownership | Leasehold = Long-Term Control |
|---|---|
You own the land permanently | You control the land for a specific period (up to 99 years for foreigners) |
You can pass it to your children and grandchildren | You can pass it to your heirs (for the remaining lease period) |
No time limits | Maximum 99 years for foreigners |
Only available to Kenyan citizens | Available to foreigners |
What Happens If You Try to Buy Freehold Land?
⚠️ Important: Even if you try to buy freehold land as a foreigner, the law automatically converts it to a 99-year leasehold. You don't lose your money - you just get a different type of ownership.
Think of it like this: if you try to buy a "permanent" ticket, the system automatically gives you a "99-year" ticket instead. You still get the land, just with a time limit.
Recent Government Changes You Need to Know
In January 2025, the Kenyan government took action. Lands Cabinet Secretary Alice Wahome ordered all foreigners holding freehold titles to surrender them immediately. Why? Because these titles were given by mistake or through corruption.
What this means for you:
Some foreigners had freehold titles they shouldn't have had
The government is converting these to 99-year leases
This actually protects the system and makes it clearer for everyone
Company Ownership Won't Help You
Some people think: "I'll just start a Kenyan company and buy land through that." Unfortunately, that doesn't work.
🚫 The rule is simple: If any part of a company is owned by foreigners, that company cannot hold freehold land. It doesn't matter if you incorporate in Kenya or use complex structures - the law looks at who actually owns the company.
What You Need to Get Your Leasehold
To lease land in Kenya as a foreigner, you must:
Step 1
Get License
Obtain an Alien Land Holding License from the Ministry of Lands
Step 2
Provide Documents
Valid passport, proof of income, detailed land use plan
Step 3
Pay Fees
All required fees including stamp duty and land rates
Step 4
Do Checks
Proper verification through official government systems
Your Rights as a Foreign Leaseholder
Don't worry - having a leasehold instead of freehold doesn't make you powerless. You can:
What You Can Do with Your Leasehold:
✅ Build on your land
✅ Sell your leasehold to someone else
✅ Rent out your property
✅ Get a mortgage using the land as security
✅ Pass it to your children (for the remaining lease period)
✅ Take legal action if someone tries to cheat you
The Big Question: What Happens After 99 Years?
Here's the catch that worries many people: unlike Kenyan citizens, foreigners don't automatically get to renew their lease when it expires.
The reality:
You can apply for renewal
The National Land Commission decides yes or no
They look at factors like how you used the land and whether you followed the rules
No guarantee of renewal
The practical view: 99 years is a very long time. Most people buying today won't be around when the lease expires, and neither will their children. It's usually a problem for your great-great-grandchildren to solve.
Why Invest Despite the Limitations?
Many foreigners still invest in Kenyan land because:
⏰ 99 Years is Practically Forever: For most investment purposes
🛡️ Strong Legal Protection: For leaseholders
📈 Growing Economy: Property values often increase
💰 Sell Anytime: During the lease period
🖥️ Digital Systems: Make transactions more transparent
Red Flags to Watch Out For
🚨 Be very careful if someone:
Promises you freehold land as a foreigner
Says they can "work around" the foreign ownership rules
Offers deals that seem too good to be true
Pressures you to pay quickly without proper documentation
Claims you don't need an Alien Land Holding License
Smart Steps for Foreign Buyers
Before You Buy:
✅ Accept the reality - you'll get leasehold, not freehold
✅ Budget for legal help - this isn't a DIY process
✅ Get your Alien Land Holding License first
✅ Do official land searches through ArdhiSasa government portal
✅ Visit the land (virtually or physically) before paying
During the Process:
✅ Use qualified lawyers who understand foreign ownership rules
✅ Verify all documents through official channels
✅ Check for existing disputes or claims on the land
✅ Ensure proper survey and boundary marking
✅ Get everything in writing
Working with AMCCO Properties as a Foreign Buyer
At AMCCO Properties, we understand the unique challenges foreign buyers face:
Special Services for Foreigners:
Pre-verified plots that are legally available to foreigners
Alien Land Holding License guidance and support
Remote transaction support for diaspora buyers
Clear documentation with no hidden legal surprises
All-inclusive pricing covering legal fees and government charges
Regular updates via WhatsApp, email, and video calls
Our Experience with Foreign Buyers: We've helped hundreds of diaspora Kenyans and international investors navigate the legal requirements successfully. Our clients get their leasehold titles quickly and legally, with full government compliance.
The Bottom Line
As a foreigner, you cannot own land forever in Kenya. But you can control it for 99 years, which is long enough for almost any investment purpose.
The key is understanding the rules, following the proper process, and working with professionals who know the system. Don't let the leasehold limitation stop you from investing - let it guide you to make smart, legal investments.
Your dream of owning property in Kenya is absolutely possible. You just need to dream in leasehold, not freehold.
Ready to Explore Legal Land Ownership Options in Kenya?
Whether you're diaspora or international, we can help you navigate the process safely and efficiently.
Remember: 99 years of legal ownership is infinitely better than zero years of illegal ownership that gets taken away later.
Contact AMCCO Properties Today
📞 +254701 293 199
📧 customerservice@amcco.co.ke
Contact AMCCO Properties today for guidance on foreign land ownership in Kenya. We specialize in helping international buyers navigate the legal requirements successfully.
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