Yes. Foreigners can inherit land in Kenya, but under important limits: non-citizens cannot hold freehold land and may only receive leasehold interests (usually up to 99 years). They must also follow Kenya’s probate and title-transfer rules.
Below is a guide, explaining what that means, the steps a foreign beneficiary must take, common complications, and practical tips.
What the Constitution and laws say (simple)
- Kenya’s Constitution and land laws say everyone has the right to own property, but foreigners are limited to leasehold rights, not freehold. A leasehold can be for up to 99 years.
- The main laws to know are the Land Act and the Law of Succession Act (for inheritance and wills). These set out how property is passed on after someone dies.
As a matter of fact, under the Land Control Act foreigners can only inherit private land, and even then, with conditions. Every part of Kenya there is a Land Control Board which must vet and give permission any major transaction involving agricultural land.
In the case of inheriting agricultural land, the foreign heir must get consent from the Land Control Board. In practice, these boards are often reluctant to give this consent to a foreigner. The law leans towards keeping agricultural land in the hands of Kenyan citizens and companies.
However, if the land is not agricultural, for instance, a residential house in Nairobi or a commercial shop in Mombasa this rule does not apply in the same way.
What “inherit land” actually means for a foreigner
- If a Kenyan or other person leaves land to a foreigner in a will, the will must be proved (probated) by a Kenyan court before the foreigner can be registered as a holder of the land interest.
- If there is no will, Kenyan intestacy rules decide who inherits. A foreigner who is entitled under those rules can inherit but still faces the same title limits (leasehold only).
Freehold vs leasehold; the critical difference
- Freehold equals to full ownership indefinitely (reserved for Kenyan citizens). Foreigners cannot get freehold land.
- Leasehold equals long-term use (for example, 50 or 99 years). Foreigners can inherit leasehold interests and continue to hold them according to the lease terms.
How Foreigners Inherit Land in Kenya
1. Determine if there is a Will
With a Will (Testate Succession): If the deceased person left a valid Will naming the foreigner as a beneficiary, the process is more straightforward. The Will is used as the guide for who gets what.
2. Without a Will (Intestate Succession)
If there is no Will, the law decides who inherits. The deceased’s immediate family (spouse and children) are the first in line. A foreigner who is not a direct family member would not inherit under these rules.
3. Obtain a Grant of Probate or Letters of Administration
This is a legal document from the court that gives someone the authority to manage and distribute the deceased person’s property.
With a Will, you apply for a Grant of Probate.
Without a Will, you apply for Letters of Administration.
4. Apply for a Confirmation of Grant
Once you have the Grant, you go back to the court to get it “confirmed.” At this stage the court officially approves the list of heirs and what each one will get.
5. Transfer the Land
With the confirmed Grant, you can now go to the Lands Registry to officially transfer the land title from the deceased person’s name to the heir’s name.
The Crucial Foreigner Inheritance Step: Leasehold Conversion
At the Lands Registry, when the land is being transferred to a foreign heir, the government will change the land tenure from “freehold” to “leasehold.” The foreigner will be issued a new title deed showing a leasehold interest for up to 99 years.
Typical scenarios and what happens
1. Foreigner named in a Kenyan will
The executor files the will in court. The court grants probate (permission for the executor to act). The grant is used to transfer the land interest into the beneficiary’s name or to register a lease in the beneficiary’s favour.
2. Foreigner already has a foreign grant of probate
Kenya can accept a foreign grant after a process called resealing. Resealing lets the Kenyan court recognise the foreign grant so the executor can deal with Kenyan property. This requires documents and court steps in Kenya.
3. Intestacy (no will)
The Law of Succession decides heirs. If a foreigner is an heir under the law, they can inherit, but again only leasehold title can be given to a foreigner.
Special Case: Inheriting from a Spouse
What if a Kenyan citizen is married to a foreigner? Can the foreign spouse inherit the land?
Yes. The Law of Succession Act protects the spouse. A surviving spouse, regardless of nationality, has a right to inherit from their deceased partner. The foreign spouse would inherit the land, but, as with any foreigner, it would be converted to a leasehold.
Potential Problems and Challenges for Foreign Beneficiary
Foreigners inheriting land in Kenya can face some hurdles:
- Family Disputes: Local family members might challenge the Will or the foreigner’s right to inherit, causing long and expensive court cases.
- Bureaucratic Delays: The legal process in Kenya can be slow. It requires patience and sometimes the help of a good lawyer.
- Land Control Board for Agricultural Land: As mentioned, this is the biggest hurdle for inheriting farmland. Consent is not guaranteed.
- Fraud: Unfortunately, land fraud exists. It’s important to work with reputable lawyers to ensure all documents are genuine.
What Should You Do? A Practical Guide for a Foreign Beneficiary
If you are a foreigner who expects to inherit land in Kenya, or if you are a Kenyan planning to leave land to a foreigner, here is your action plan:
1. Get a Clear, Valid Will: This is the most important step. A well-drafted Will by a Kenyan lawyer can prevent most problems. Clearly state your wishes and the executor’s contacts.
2. Hire a Kenyan Lawyer: Do not attempt to navigate the Kenyan legal system alone. Hire an experienced lawyer who specializes in succession and land law. The lawyer should help with probate, resealing, and registration.
3. Identify the Land Type: Find out if the land is private, agricultural, or community land. This will determine the rules that apply. A trusted lawyer like our team here at Kraido Advocates can do this for you.
4. Start the Process Early: The land succession process in Kenya takes time. Begin as soon as possible after the owner’s passing.
5. Keep All Documents: Have copies of the death certificate, the Will, IDs, and the land title deed safe and accessible.
6. If the will was probated abroad, ask the lawyer to reseal the foreign grant in Kenya.
- Apply to the Lands Registry to register the leasehold or transfer the interest, using the probate or resealed grant.
- Budget for court fees, registration fees, legal fees, and possible taxes on future sale.
Special limits: agricultural land and companies
Agricultural (public) land: Additional rules often restrict foreign involvement. Buying or holding agricultural land as a foreigner is tightly controlled and may need special approvals or local structures.
Holding through companies/trusts: Some foreigners use Kenyan companies or trusts to hold land. But the law limits tricks to get freehold: a company that is effectively foreign-controlled may still be restricted from holding freehold. Legal advice is recommended here.
Taxes and costs
Kenya does not currently charge an inheritance (estate) tax, but selling inherited land can trigger Capital Gains Tax (payable by the seller). There are also court, registration and professional fees when probating and transferring land.
Common misconceptions about land ownership in Kenya for Foreigners
- Myth: Foreigners can’t own any land in Kenya.
Fact: Foreigners can own land but only as leasehold (up to 99 years), and with limits on agricultural land. - Myth: If a foreigner inherits, they can be given a freehold title.
Fact: No. Freehold is reserved for citizens; foreigners receive leasehold interests.
Risks and pitfalls to watch for
- Title status: Ensure the deceased actually owned the land (clean title). Some properties have disputes or multiple claims. Always check the register.
- Improper transfers: Avoid back-door agreements that try to mask foreign ownership of freehold land these can be voided and cause legal trouble.
- Delays & red tape: Probate and resealing can take months. Expect paperwork and court time.
The following is a step-by-step visual guide showing what happens in both probate and resealing for foreigners inheriting land in Kenya.
