Kenya’s constitution allows foreigners to buy and own property in Kenya, but only on leasehold for a maximum of 99 years. Non-citizens including foreign companies cannot hold land on freehold terms.
What Type of Property Can You Can Foreigners Own in Kenya
1. Freehold Land: This is land the buyer can own infinitely forever, however, foreigners are limited from owning freehold land.
2. Leasehold Land: This is land the buyer owns on lease or rent for a long time, usually 50 or 99 years. While foreigners and foreign companies are limited from owning freehold land, leasehold land is open for them.
Overview
These offer a foundation to the process of every purchase.
- Leasehold only (max 99 years). Any document offering longer than that is treated by law as a 99-year lease for a non-citizen.
- Agricultural land is restricted. Sales of farmland to foreigners often need Land Control Board consent or are not allowed. Check if the plot is “agricultural.”
- Same taxes and fees apply to foreigners. Buyers pay stamp duty (usually 4% in urban areas, 2% in rural areas) and registration fees.
- Use a local lawyer and run searches. Always verify the title at the Lands Registry or official government search site and get a lawyer to handle conveyancing.
Step-by-step legal process (easy language)
1. Decide what you want and where
Pick the location first considering the price and personal preferences i.e the city, coastal and beachfront locations. Generally, beachfront and city properties have different rules, prices, and taxes. It is also advised to consider safety, healthcare, and returns if you plan to rent.
Once you find a property you like, make an offer, if the seller accepts, the formal process can kick-off.
2: Hire a Lawyer
This is the most important step. **You must hire a qualified Kenyan lawyer.** Your lawyer will handle all the legal work to protect you. Do not try to do this yourself.
3. Check the land type
Check whether the property is residential, commercial, or agricultural. If it’s agricultural, the Land Control Board usually must approve the sale to a non-citizen. If it’s first-row beach or residential, approvals are simpler but still need checks.
4. Run a title search
Ask your lawyer to do an official search at the Lands Registry or use the Ardhisasa digital system. The search shows the owner’s name, whether the title is freehold or leasehold, and if there are mortgages or caveats (legal holds). If the title is not clean, walk away.
5. Apply for Land Control Board (LCB) consent when required
If the property is agricultural or in a land control area, you must apply for LCB consent. The LCB is a committee that approves land transfers in their area. The county LCB will review and either approve or refuse. No valid transfer without this consent in many rural cases.
Your lawyer will handle this application. For other types of land, this step may not be needed.
6. Apply for Consent from the Lands Ministry
This is a critical step for foreigners. You must get permission from the Kenyan Ministry of Lands. Your lawyer will submit an application on your behalf. The government checks your documents to approve the transfer of the leasehold title to you, a foreign national.
7. Agree price and sign a sale agreement
Once checks are done, the seller’s lawyer drafts a sale agreement. This agreement sets the price, deposit (often 10%), payment plan, all terms of the sale, timelines, and what happens if either party defaults. Have your lawyer review and protect your interests. The buyer will sign on the agreement and pay the deposit.
8. Pay deposit and carry out due diligence
After signing, pay the deposit into a stakeholder (lawyer’s) account. Your lawyer completes more checks: confirming property boundaries, confirm planning permission, ensure rates are cleared, and obtain a valuation if needed.
9. Prepare completion documents and pay stamp duty
Before transfer, the buyer must pay stamp duty (based on market value): generally, 4% in urban/gazetted towns, 2% in rural areas. Verify current rates for the town where you buy. Your lawyer will handle the assessment and payment to KRA so registration isn’t blocked.
10. Transfer, registration, and possession
The seller’s lawyer lodges the transfer documents at the Lands Registry. Once the registry issues the new title (or records the lease transfer), the property will be officially transferred to under the buyer’s name.
The government will cancel the seller’s old title and issue a new title deed in your name. The buyer must ensure they get all original documents and receipts.
11. Get Your Official Title Deed
The new title deed is proof that you are the legal owner of the property. It will state that you hold a leasehold interest for a specific number of years.
Important Documents You Will Need
- A valid passport.
- A Kenyan Income Tax PIN (your lawyer can help you get this).
- Passport-sized photos.
- The signed Sale Agreement.
- All official consents and payment receipts.
12. Keep records and obey local laws
Pay annual property rates, utility bills, and respect local planning and environmental rules. If you plan to live in Kenya, apply for the correct immigration permit (e.g., Class K for retirees).
Consider budgeting for the following costs
- Purchase price. Agreed with seller.
- Stamp duty. ~4% urban / 2% rural (confirm current rates).
- Legal fees. Often a scale or 1–2% of price depending on the lawyer.
- Valuer fees. If the government valuer is used for stamp duty assessment.
- Land Control Board fee. Small county fee if consent is needed.
- Search and registration fees. Modest official fees at the Lands Registry.
Practical tips to avoid fraud and problems
- Never pay cash without a receipt. Use bank transfers and keep evidence.
- Meet the seller and neighbours. Get local facts on access roads, water, and security.
- Inspect the property physically. Don’t rely on photos only.
- Get a surveyor to mark boundaries. Boundary disputes are common.
- Ask for the original title deed. Copies are not enough for proof.
Where to get official help and reliable information
- Kenya Lands Registry / Ardhisasa – for title searches and registration.
- County Land Control Board – for consent on agricultural land.
- Kenya Immigration Service – for permit types and requirements.
- Kenya Revenue Authority (KRA) – for stamp duty and taxes. (Use KRA guidance or a lawyer for current rates.)
Frequently Asked Questions (FAQs)
Can a foreigner form a Kenyan company to buy freehold land?
Not unless the company is 100% owned by Kenyan citizens. If any share is foreign-owned, the company is treated as foreign for land law and is limited to leasehold (99 years). Joint ventures with Kenyan partners are common, but they must be structured carefully.
Can I buy beachfront first-row land as a foreigner?
Yes, foreigners can buy first-row beach plots, but these are still leasehold (99 years). Check local planning and environmental rules first.
Do I need a Kenyan ID or KRA PIN to buy?
You can buy as a foreigner, but you will need documents such as passport, and your lawyer will usually obtain a KRA PIN for you or ask you to apply. Stamp duty and registration require proper ID and tax records.
What if the land has a dispute?
Do not buy disputed land. A clean title search is essential. If a title shows caveats or litigation, get legal advice and clear the issue before buying.
Can I get residency by buying property? in Kenya
Kenya does not grant automatic residency for property purchase. You must apply for the correct immigration permit (for retirees, Class K is one option). Property ownership alone doesn’t give the right to stay.
