This article aims to provide clarity on the topic of non-citizens owning land in Kenya. According to the 2010 Kenyan Constitution, Land Acts (6/2012), and Land Registration Act (3/2012), non-citizens are legally allowed to purchase and own land in Kenya. However, the ownership is limited to a leasehold tenure of not more than 99 years. This means that if a non-citizen purchases a piece of land as freehold, it will be assumed as a leasehold of 99 years.
There are a few requirements for non-citizens to legally buy land in Kenya, which include owning as an individual, owning with a trust, and owning with a company. In the case of owning with a company, the company must have a foreign shareholder, and the land can only be held on a leasehold of not more than 99 years.
It is important to note that non-citizens are restricted from owning first-row beach plots and agricultural land, unless explicitly allowed by the president. Non-citizens should also be aware that they can be misled by individuals claiming to offer land documents with a tenure of more than 99 years. To avoid being duped, it is recommended to be cautious and knowledgeable about the laws surrounding land ownership in Kenya.
In conclusion, non-citizens are allowed to legally purchase and own land in Kenya, but the ownership is limited to a leasehold of 99 years. The requirements for legally buying land include owning as an individual, owning with a trust, or owning with a company, with the latter having some restrictions. To avoid any potential land dealings issues, it is advisable to be cautious and well-informed about the laws surrounding land ownership in Kenya.