Foreign Ownership Restrictions
مقيّدCRITICAL: Under the Constitution of Kenya 2010 (Chapter 5, Article 65), non-citizens may NOT hold freehold interest in land. Foreign nationals can only acquire leasehold interests with a maximum term of 99 years. This is a constitutional provision -- it cannot be waived or circumvented. Upon lease expiry, the land reverts to the government (though renewal is typically possible). This restriction applies to all types of land -- residential, commercial, and agricultural.
- Foreigners CANNOT own freehold land -- only leasehold up to 99 years (Constitution 2010, Article 65)
- Leasehold interests are registrable and transferable during the lease term
- Companies controlled by foreign nationals are also restricted to leasehold
- Sectional properties (apartments, condominiums) can be held on leasehold via the Sectional Properties Act 2020
- Lease renewal is typically possible upon expiry -- but not guaranteed by law
- Agricultural land has additional restrictions: Land Control Board consent required for all transfers
