Can a foreigner own land in Kenya?
Constitution of Kenya and Land Control Act · sources read 2 Oct 2026
A non-citizen can hold land in Kenya only on leasehold, for at most 99 years; any document that tries to give more is read as a 99-year lease. A company counts as a citizen only if it is wholly owned by Kenyan citizens.
- Deadline
- Land Control Board consent: apply within 6 months of the agreement (the High Court can extend this).
- Where
- Land Control Board (consent for agricultural land); the land registry for leases
Steps
- For agricultural land in a land control area, apply to the Land Control Board for consent within 6 months of making the agreement.
- The Board must refuse consent to a sale, transfer, lease, exchange or partition of agricultural land to anyone who is not a Kenyan citizen (or a private company or co-operative whose members are all citizens).
- If the deal becomes void because consent is refused, money already paid can be recovered as a debt from the person it was paid to.
Watch out
- A title or agreement that gives a non-citizen freehold or a lease longer than 99 years is read as a 99-year lease, and no more.
- Even one non-citizen shareholder means the company is not treated as a citizen for land.
Who this covers
- Anyone who is not a Kenyan citizen.
- Companies that are not wholly owned by Kenyan citizens.
- Trusts where not all of the beneficial interest is held by citizens.
Official sources (2)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Land Control Act, Cap. 302 (Revised Edition 2017) landcommission.go.ke · read 2 Oct 2026