Can Foreigners Buy Property in Kenya? What Non Citizens Can Own

What the law says

• Article 65 of the Constitution of Kenya: a non citizen may hold land only on leasehold, for a term not exceeding 99 years
• Land Control Act: agricultural land transactions are restricted to Kenyan citizens and require Land Control Board consent
• Sectional Properties Act 2020: apartments are registered as individual sectional units, each with its own title

What this means for a Nairobi apartment

A non citizen can buy a studio or one bedroom apartment in Nairobi and hold it under a leasehold sectional title. Ask the developer and your advocate to confirm the title type and remaining lease term for the specific unit.

What this means for a plot

Kenyan citizens, including those living abroad, can buy plots such as those at Lukenya Ridge. A non citizen should take advice from a Kenyan advocate on whether the plot is agricultural land and how a leasehold interest can be structured.

Steps for a foreign buyer

• Choose a unit and request the floor plan, price and payment plan
• Appoint a Kenyan advocate to run title searches and review the sale agreement
• Sign the offer letter and sale agreement, in person or as your advocate directs
• Pay by bank transfer into the account named in the agreement
• Your advocate registers the transfer and you receive your title