What Foreigners Need To Know About Owning land in Kenya
According to research, foreigners can own land in Kenya in their name as well, although they are subject to some restrictions.
Below are some of the things that these very foreigners need to know about owning land in Kenya:
Foreigners cannot own land in Kenya, but they can lease land for up to 99 years under leasehold tenure.
This essentially means that a non-citizen cannot hold freehold property.
Leasehold tenure is a form of land tenure where one party buys the right to occupy land or a building for a given length of time.
According to the constitution, when the 99-year lease expires, the Land Commission shall offer to the immediate past leasehold owner thereof pre-emptive rights to be allocated the land, provided that such lessee is a Kenyan citizen and that the land is not required by the national or county government for public purposes.
The key word is “citizen” which means that a non-citizen cannot get a further extension after the expiration of the 99-year term.
In order to lease land, you must first obtain an Alien Land Holding License from the Ministry of Lands and Physical Planning.
The process of obtaining this license can be lengthy and requires several documents, including a valid passport, proof of income, and a detailed proposal for the use of the land. It is important to conduct due diligence on the land before purchasing or leasing it, including checking for any outstanding debts or disputes over ownership.
It is also very important that they ensure they have a reputable lawyer with experience in land transactions who will assist with the process.
The Cost of leasing that land can vary depending on the locality and size of the property, as well as the proposed use.
The Kenyan Government has some policies that restrict foreign ownership of land in certain areas, such as near the coast, so it is important to be aware of these restrictions before entering into a transaction.
It is also advisable to consult with the Ministry of Lands and Physical Planning for updated regulations and laws that may affect the process of buying or leasing land in Kenya so that you don’t miss out on anything that’s of value to you.
