Foreign Buyers of Kenyan Property

This page is about property in Kenya. If you are in Kenya and investing in property overseas, see our offshore property investing service.

Under Article 65 of the Constitution, a person who is not a citizen may hold land on leasehold tenure only, and no such lease may exceed 99 years. Any instrument purporting to confer a greater interest takes effect as a 99-year lease and nothing more.

This applies to companies too: a company is treated as a citizen only if it is wholly owned by Kenyan citizens, so a foreign-owned company faces the same restriction.

Most problems can be found before any money moves. Agricultural land also needs Land Control Board consent, and without it within the statutory period the transaction becomes void.

• An official search to confirm the registered proprietor and any encumbrances
• Verification that the person dealing with you is that proprietor, or holds a valid power of attorney
• A site visit to check occupation and boundaries against the deed plan
• Rates and land rent clearance
• Whether the land is agricultural, and so needs Land Control Board consent

A purchase from abroad is normally completed through a properly drawn power of attorney. The practical priority is independent representation in Kenya: an advocate acting for you, not one recommended by the seller or the agent. Funds should move against verified title and through traceable channels.

Stamp duty is charged at 4% of the assessed value for urban land and 2% for rural land, and an unstamped instrument cannot be registered. We set out the applicable costs for your purchase once we know the property and the structure.