Foreign ownership of land in Kenya (2024)

FAQs

Foreign ownership of land in Kenya? ›

Foreigners cannot own land in Kenya, but they can lease land for up to 99 years. In order to lease land, foreigners must first obtain an Alien Land Holding License from the Ministry of Lands and Physical Planning.

Foreigners can own property in Kenya in their name. The Constitution (2010), the Lands Act (6/2012) and the Land Registration Act (3/2012), subject to certain limitations, grant the right to any person, either individually or in association with others, to acquire and own land in Kenya.

Foreigners must apply for and obtain a “consent to transfer” certificate from the Ministry of Lands and Physical Planning before buying land in Kenya. This certificate confirms that the government has reviewed the proposed transaction and has no objections to it.

Land ownership in Kenya

Kenyan land laws provide for tenure systems that dictate how long the land is held. Currently, land ownership can be on a freehold where the owner is allowed to hold the land for an indefinite term or a leasehold where the owner is conferred a limited term that can often be extended upon expiry.

The classification of land in Kenya is either public land, community land, or private land according to Chapter 5 of the Kenyan Constitution.

Visa Requirements in Kenya

Anyone staying in Kenya for more than three months can only do so with a work and residence permit obtained before arriving in the country. Class D work visas are the most common kind of visas for expats looking to move to Kenya.

The electronic visa for Kenya is a single-entry visa that grants visitors from the US a stay of up to 90 consecutive days.

It is fine if you only want to enter the country as a tourist; long-term visas must still be applied for from the Kenyan Embassy or High Commission in your country before travel. Foreign nationals must have an Alien Card showing that they have the right to live in Kenya, these are valid for two years.

Foreign nationals wishing to apply for Kenyan citizenship can consult the requirements and conditions on the website of the National Council for Law Reporting. Citizenship cannot be applied for at a Kenyan embassy. Click here to consult the "Kenya Citizenship and Immigration Act".

What is the 12 year land rule in Kenya? ›

“In order to be entitled to land by Adverse Possession, the claimant must prove that he has been in exclusive possession of the land openly and as of right without interruption for a period of 12 years either after dispossessing the owner or by discontinuation of possession by the owner on his own volition”.

It is very advisable to have a lawyer (though not a must). According to the tariff provided by the Law Society of Kenya, the lawyer should charge Ksh3000 if the land cost is Ksh1,000,000 and below and Ksh8,000 if the land value is above Ksh1,000,000.

Freehold land tenure system - it gives the holder absolute ownership of the land for life. A freehold title deed generally has no restrictions as to the use and occupation of the land.

An approved consent of sale from the Lands Control Board. Proof of having paid the Stamp duty. Copies of identification documents. KRA pin certificate of the buyer.

The registration fee chargeable is Ksh 500 and a booking form to fill will be issued by the officer. Information from the form will be used in printing your Title deed and thereafter you will pay Ksh 5000 for the certificate to be issued.

The required documents for franking are the Transfer Instrument and its two Counterparts (Original copies), and the Stamp Duty Payment Receipt (both the form from iTax and the bank receipt). The franking process takes two to four days. Once all these processes are complete, we can now proceed to registration.

You can apply for a retirement (Class K) permit in Kenya if you are at least 35 years old.

How long can I stay in Kenya? You're granted a Single Entry and can stay for a maximum of 90 days in Total.

Country Summary: Violent crime, such as armed carjacking, mugging, home invasion, and kidnapping, can occur at any time. Local police often lack the capability to respond effectively to serious criminal incidents and terrorist attacks. Emergency medical and fire service is also limited.

According to the Kenya Constitution, 2010 and the Kenya Citizenship and Immigration Act of 2011, the Dual Citizenship is permissible in Kenya.

Can a American marry a Kenyan citizen? ›

The U.S. citizen starts this process by filing a visa petition on Form I-129F with U.S. Citizenship and Immigration Services (USCIS). After USCIS approves the I-129F, it will transfer the case to the U.S. consulate in Nairobi, Kenya. Your fiancé will apply for a K-1 visa there.

Normally, expats can drive in Kenya with their valid foreign driver's licence or an International Driving Permit for up to three months. Those staying longer in the country must obtain a Kenyan driving licence.

Yes, a foreigner can own land in Kenya in their name. The provisions of law regulating landholding by non-citizens are found in the Constitution of Kenya, the Lands Act (Act No. 6 of 2012), and the Land Registration Act (Act No.

Passport Services

Section 11 of the Kenya Citizenship and Immigration Act, 2011: – provides that a person, who has been married to a Kenya citizen for a period of not less than seven years, as long as the marriage was solemnized under a system of law, recognized in Kenya, is entitled to Kenya citizenship.

Kenya: $240,593 Kenya is known for its stunning wildlife, landscapes, and culture. While the cost of living is higher than in some other African countries, it's still an affordable option for those seeking a retirement experience filled with adventure and exploration.

A holder of a PR status has a right to own property legally in Kenya for both Commercial and Residential purposes. A person granted permanent residence has a right to freely move and settle anywhere in Kenya without restrictions whatsoever. They can live and conduct businesses in any part of Kenya.

Copies of current valid status (dependent pass, etc). Non-certified is fine. Immigration Fee: KES 50,000 for a female and KES 500,000 for a male (via Bankers Cheque and addressed as above). This is paid after approval of PR.

Certified copy of birth certificate. Certified copy of Kenyan passport and identity card. Certified copy of the other country's passport and Citizenship certificate. Immigration Application Fee: KES 500.

Kenya's Citizenship and Immigration Act makes it illegal for any foreigner to enter or work in the country without a valid work permit. If you have employees come and work without the proper documentation, they will get deported.

How long do you have to live in Kenya to become a citizen? ›

(2) A person who has been lawfully resident in Kenya for a continuous period of at least seven years, and who satisfies the conditions prescribed by an Act of Parliament, may apply to be registered as a citizen.

The Bill limits a foreigners' right to own land in Kenya on the basis of a leasehold tenure of not more than ninety-nine (99) years, by stating that consent shall not be given where a party to a controlled transaction is not a Kenyan citizen.

The current Kenyan law gives the maximum lease tenure for non-citizens at 99 years (Article 65, Constitution of Kenya). However, the length of the lease may be shorter, depending on the location and intended use of the land.

The Ministry of Land has data on all title deeds in Kenya. For a title deed to be genuine, the source has to be the Ministry of Lands and a record of how it has been transferred from one person to another over the years. This is the reason why registrars with sign and seal title deeds.

The purchaser is usually responsible to cater to the costs of the stamp duty on the transfer of property and registration charges. The stamp duty on the transfer of property is collected by the Kenya Revenue Authority and is payable pursuant to the provisions of the Stamp Duty Act, chapter 480 of the laws of Kenya.

Who pays for stamp duty? In Kenya, this fee is paid by the purchaser of the property to the government based on the current value of the property. In Kenya, the rate is 4% for any property within a municipality and 2% for those away from municipalities.

In Kenya, land rates are collected by the county. What this means is that the rates on plots are to be paid to the county the plot is located. This applies to land on freehold and on leasehold. It is worth noting, however, that not all landowners are obligated to pay land rates in Kenya.

In Kenya, the leasehold land tenure system is the interest in land for a specific period of time subject to payment of land rates to the county governments. A lease is usually granted for a period between 99 to 999 years with the Kenyan constitution limiting non-citizens to a maximum tenure of 99 years.

The fee ranges between 2% to 4% depending on the location of the property. This is paid through the Kenya Revenue Authority. Legal Fees: The exact amount will vary from one lawyer to another. However, the fees range between 1% to 2% of the house price with a minimum fee of Kshs 35,000.

What is due diligence buying land in Kenya? ›

DUE DILIGENCE

For instance, you need to know the property's current or previous owner(s). You need to find out if the location at the registrar's office matches what you saw on the ground. You want to know if there is a charge or easem*nt law on the land. This is the process of Due Diligence.

You will need to secure a copy of the original title deed from the owner, or company. This is after you have visited the site to confirm both the location and the approximate size of the land. You will also need your KRA pin certificate number.

If the said documents have been lodged, the same will be advertised in the Kenya gazette as a succession cause for a thirty (30) days period to allow any person who feels aggrieved for any reason by the Petition ample time to lodge any objections.

The seller's lawyer obtains these documents which include; original certificate of Title, Rates Clearance Certificate, Land Rent Clearance Certificate and the consent transfer. This process takes 12 days. This process takes two weeks and Ksh. 5,000 is charged to obtain process a new title deed certificate.

Land Rates- This is a tax imposed by county governments within a municipality or township. Rates are payable in respect of services such as water, sanitation and sewerage services provided by the county.

Land rates are levies imposed on all parcels of land and payable to the county governments. Upon full payment of all rates, one is issued with the rates clearance certificate which is conclusive evidence that all rates due and interest accrued have been fully paid.

Foreigners have full ownership of the land after purchasing it. However, land designated for agricultural use is typically restricted to foreigners. Other than this, there is little or no restriction on land ownership.

Vested in law is a doctrine called compulsory acquisition, which allows the government to, in special cases, take possession of your parcel of land and utilise it to the benefit of the public.

What American citizen owns the most land? ›

The nation's largest private landowners are the Emmerson family in California who own over 2.4 million acres. The bulk of that land is dedicated to timber in Northern California. But the most headline-worthy transaction of 2022 was the Four Sixes Ranch in Texas.

There are no states with an absolute prohibition on foreign ownership, however, approximately twenty-two states specifically forbid or limit nonresident aliens, foreign business entities, or foreign governments from acquiring or owning an interest in private agricultural land within the boundaries of their state.

There are no legal or other restrictions on the purchase of land in Jamaica by foreign concerns. The requirement is that the permission of the Exchange Control Department of the Bank of Jamaica be obtained, especially when such purchase involves the remittance of foreign exchange to Jamaica.

Foreigners are free to buy property in South Africa without restrictions, subject to meeting the visa requirements to live and work in the country. Expats with a criminal record are not permitted to buy property. As in other countries, you must provide a range of documents to buy a home in South Africa.

Can a Foreigner Own Land in Kenya? Yes, a foreigner can own land in Kenya in their name. The provisions of law regulating landholding by non-citizens are found in the Constitution of Kenya, the Lands Act (Act No. 6 of 2012), and the Land Registration Act (Act No.

“For one to succeed in a claim for adverse possession one must prove and demonstrate that he has occupied the land openly, that is without secrecy, without force, and without license or permission of the land owner, with the intention to have the land.

Of the 1.3 billion acres of private agricultural land in the United States, foreign entities fully or partially owned roughly 40 million acres valued at $74 billion in 2021.

So, can foreigners buy property in China? The answer is yes, foreigners are allowed to purchase property in China! The essential requirement is that you have studied or worked in China for at least one year on a residence permit. Foreigners are allowed to only own one residential property for dwelling purposes.

You probably own the land

Generally speaking, it's likely that you own the property underneath and around your house. Most property ownership law is based on the Latin doctrine, “For whoever owns the soil, it is theirs up to heaven and down to hell.” There can be exceptions, though.

Who owns the most land in Florida? ›

#1 Queen Elizabeth II

With her 6.6 billion acres, Elizabeth II is far and away the world's largest landowner, with the closest runner-up (King Abdullah) holding control over a mere 547 million, or about 12% of the lands owned by Her Majesty, The Queen. Acreage estimates provided by The New Statesman.