Short answer: No.
Under the Constitution of Kenya (2010), Article 65, foreigners are not allowed to own freehold land. Non-citizens are restricted to leasehold tenure only, with a maximum term of 99 years.
Why?
Because freehold grants permanent ownership, and Kenya reserves perpetual land rights exclusively for its citizens.
This restriction applies whether the purchaser is:
- A foreign individual
- A foreign-owned company
- A foreign trust
- A Kenyan company with even 1% foreign shareholding
If a foreigner purchases land that was previously freehold, the title is automatically converted into a 99-year leasehold.
What Property Can Foreigners Own in Kenya?
Despite the freehold restriction, foreigners can legally and safely own many types of real estate in Kenya, including:
1. Apartments & Condominiums
The most popular option in Nairobi, Mombasa, Kilifi, Nanyuki, and other urban centers.
2. Townhouses, Villas & Gated Community Homes
3. Commercial Properties
Shops, offices, malls, warehouses, hotels, and mixed-use developments.
4. Leasehold Land (up to 99 years)
Fully legal, protected, and renewable.
What Foreigners Cannot Own in Kenya
1. Freehold Land
Whether residential, commercial, or agricultural.
2. Agricultural Land
Only allowed with special government approval—extremely rare for non-citizens.
Freehold vs Leasehold in Kenya
| Feature | Freehold | Leasehold |
|---|---|---|
| Who can own? | Citizens only | Citizens & foreigners |
| Duration | Permanent | Up to 99 years |
| Renewal needed? | No | Yes |
| Common in | Rural areas | Cities: Nairobi, Mombasa, Kisumu |
| Allowed for foreigners? | No | Yes |
This is one of the most searched real estate queries in Kenya—and the difference is essential for foreign buyers to understand.
Is Leasehold a Good Option for Foreign Investors?
Absolutely.
Most prime urban properties in Kenya—owned by both locals and foreigners—sit on leasehold land.
Benefits of leasehold for foreign investors:
- Secure and legally protected ownership
- Renewable tenure (typically without issues)
- Ability to sell, transfer, or mortgage
- Suitable for residential or commercial development
- Access to high-demand urban locations
Leasehold does not limit your ability to build, rent, sell, or develop property.
How Foreigners Can Buy Property in Kenya Safely
Follow these steps to avoid costly mistakes:
1. Conduct a Title Search (ArdhiSasa)
Confirm the property’s tenure, ownership, and any encumbrances.
2. Hire a Reputable Real Estate Lawyer
Essential for due diligence, reviewing lease terms, and structuring the transaction.
3. Verify Zoning Regulations
Especially for commercial or mixed-use areas.
4. Review Lease Conditions
Some leases include ground rent or usage restrictions.
5. Avoid Unregulated Agricultural Land Deals
This is where most scams and illegal sales occur.
Are There Loopholes to Own Freehold Land as a Foreigner?
Many ask:
“Can I use a company or Kenyan partner to bypass the rule?”
The answer is NO — legally.
A company is considered foreign unless it is 100% Kenyan-owned.
Even 1% foreign shareholding disqualifies it from owning freehold land.
Frequently Asked Questions
Can a foreigner own land in Kenya?
Yes, but only leasehold land (up to 99 years).
Can foreigners buy apartments?
Yes. Apartments are typically sold as long-term leasehold units.
Is a 99-year leasehold safe?
Yes. It is recognized, renewable, and protected under Kenyan law.
Can foreigners inherit freehold land?
It is usually converted to leasehold upon transfer.
Conclusion: Can Foreigners Own Freehold Property in Kenya?
Foreigners cannot own freehold land in Kenya.
But they can legally own property through 99-year leasehold titles, which offer secure, renewable, and fully transferable rights.
Kenya remains one of East Africa’s most attractive real estate markets, especially in Nairobi, Mombasa, Kisumu, Naivasha, and the coastal region. Leasehold is not a limitation—it is simply the standard and legal pathway for foreign investors.
