Can Foreigners Buy Land in Kenya?

In Kenya, foreigners can own land, but under a leasehold system, not freehold, with a maximum duration of 99 years. They cannot own agricultural land directly, except through a Kenyan-incorporated company and with approval from the Land Control Board.

Kenya’s land ownership laws come from the Constitution of Kenya (2010), the Land Act (2012), and other statutes, such as the Land Registration Act (2012). These laws regulate land tenure and transactions, including those involving foreigners.

Foreigners can buy land in Kenya, but they face specific restrictions. Article 65 of the Constitution limits foreign ownership to leasehold land for up to 99 years. Foreigners cannot own freehold land, but they may lease land for extended periods. 

• Leasehold Tenure:

Foreigners can hold land on a leasehold basis, which means they have the right to use the land for a set period (up to 99 years) and pay rent to the landowner (the lessor). 

• No Freehold Ownership:

Foreigners cannot own land outright, meaning they don't have the absolute right to own the land for perpetuity. 

• Agricultural Land Restrictions:

Foreigners are generally barred from directly owning agricultural land, unless they do so through a Kenyan-incorporated company. This means a foreign individual or company would need to be registered in Kenya as a company to own agricultural land, and the transaction would still require approval from the Land Control Board. 

• Leasehold Limits:

The maximum lease term for foreign ownership is 99 years, and the lease is renewable for a similar term, with the lessor having first priority. 

• Land Ownership Limits:

There are limitations on how much land a foreigner can own, including a limit of 100 acres outside of Special Economic Zones (SEZs). 

• Need for Approval:

Foreign land acquisitions require approval from the National Land Commission (NLC), ensuring compliance with Kenyan laws. 

• Land Use Regulations:

Foreigners must ensure their land use aligns with local zoning regulations and obtain any necessary permits for specific uses.