Are foreigners legally allowed to own land in Kenya?
The continuous growth of real estate investment in Kenya has highly attracted foreign investors who venture into rentals, for example, villas, office buildings, commercial facilities and hospitality units like hotels and resorts across the country.
Beware, 2 decades ago, Foreigners could not own land in Kenya until the new Kenyan constitution was formed in 2010.
However, after the declaration, foreigners were permitted to invest and own real land here though this still came with few limitations.
This is a relief to those foreign investors interested to utilize Kenya’s real estate growth.
We further explain how you as a foreigner can legally own land in Kenya as per the Kenyan Constitution laws.
What kind of land property can foreigners own?
Whilst Kenyan citizens are allowed to own Freehold Land, non Kenyan Citizens cannot. They are only limited to owning land on leasehold terms.
The leasehold term allows the government to determine the type of development and lease term for the land. Land allocated to foreigners is open to use for profitable economic purposes, and the government reserves the right to reclaim and transfer the land to others.
To further understand meaning of Freehold or Leasehold land, read this blog. (Link)
How Foreigners Can Own Land in Kenya
Below are several ways to own land in Kenya as a non-citizen.
In Person –a foreigner owns the land registered under his or her own name.
Trust – This is when another person or company holds land for the benefit of a foreigner.
Under a company – where a foreign company is allowed to own land registered under the company name.
Restrictions regarding owning land in Kenya as a foreigner
Foreigners are allowed to own agricultural land. However, there some restrictions that comes in place when acquiring frontline beaches or farmland.
In such cases, they can only acquire related land with approval from the government given as a special notice.
