Buying property in Kenya as a foreigner: what you can own and how to buy safely

What a foreigner can own

Foreigners can own property in Kenya, but not on the same terms as citizens. Article 65 of the Constitution allows a non-citizen to hold land on leasehold only, for a term of up to 99 years. A lease granted for longer is treated as a 99-year lease, and freehold land that passes to a non-citizen converts to a 99-year lease.

The same rule reaches companies. A company counts as a citizen only if all its shareholders are Kenyan citizens, so a Kenyan subsidiary with a foreign parent holds land as a non-citizen would. Arrangements that hide a foreign owner behind Kenyan nominees or trustees are void.

In practice, most apartments, houses, offices and commercial plots in towns are already held on long leases, so a foreign buyer can acquire them in the ordinary way. Check the remaining term of the lease before you agree a price, because a lease with few years left is worth less.

Agricultural land

Agricultural land is the main exception. Under the Land Control Act, a sale of agricultural land needs the consent of the local Land Control Board, and the board may not consent to a sale to a non-citizen or to a private company with any foreign shareholder. A transaction without consent is void.

A foreign investor who needs farmland can seek a presidential exemption, published in the Kenya Gazette, or lease the land instead of buying it. Public companies may hold agricultural land even when some shareholders are foreign.

Apartments and sectional titles

Apartments are registered under the Sectional Properties Act, 2020, which gives each unit its own register within a registered sectional plan, with the common areas held jointly by the owners. Older apartments held under long sub-leases were required to convert to the new system. Before you buy, confirm that the sectional plan is registered and that the unit you are buying has its own title, or find out what conversion remains to be done.

Step by step: buying property in Kenya

1. Agree the brief and the buying vehicle. Decide whether you will buy in your own name or through a Kenyan company, and check what that vehicle may hold.
2. Search and shortlist. Work only with estate agents registered with the Estate Agents Registration Board, which publishes its register in the Kenya Gazette.
3. Run due diligence before any deposit. Obtain an official search of the title, which shows the registered owner, charges and cautions. Check the survey map and the boundaries on the ground, rates and land rent clearances, and planning and building approvals. In registries now on Ardhisasa, the Ministry of Lands' online platform, the search and most transactions run online.
4. Sign the sale agreement. Your advocate negotiates the agreement. A deposit, commonly 10% of the price, is usually held by an advocate as stakeholder until completion.
5. Obtain consents and valuation. Leasehold transfers may need the lessor's consent, and agricultural land needs Land Control Board consent. A government valuation sets the value on which stamp duty is assessed.
6. Pay stamp duty and register. The buyer pays stamp duty through the Kenya Revenue Authority, which requires a KRA PIN, and the transfer is lodged for registration. The property is yours when the registration is complete, not when you pay.
7. Take handover. Collect the title, keys and documents, and move rates and utilities into your name.

What it costs

Buying shares in a company that owns land is taxed differently. Stamp duty on a share transfer is 1% of the value of the shares, and capital gains tax still applies where an offshore company's value comes mainly from Kenyan land.

Red flags that signal fraud

• Pressure to pay before a search. A genuine seller waits for your due diligence.
• A seller who cannot produce the original title or whose name differs from the official search.
• Payments to personal accounts. Deposits belong with an advocate as stakeholder, and the balance should be paid against registration.
• Prices well below the market for the location.
• An agent who is not on the Estate Agents Registration Board register.
• An owner who will not approve an online search on Ardhisasa, where the platform asks for it.

Buying from abroad

You do not need to be in Kenya to buy. A power of attorney, registered in Kenya, lets a trusted person sign on your behalf. Documents signed abroad usually need notarising and an apostille or consular legalisation before they are accepted. You will need a KRA PIN for stamp duty and registration.

Buying off-plan

Off-plan purchases carry completion risk. Before you sign, confirm that the developer holds title to the land, that the county has approved the building plans and that the environmental licence is in place. Check the developer's completed projects, and tie payments to construction milestones verified by an independent professional.

Checked against the sources below on 23 October 2026. This guide is general information, not legal or tax advice. Rules change with each Finance Act and gazette notice, so confirm the current position before you act, or ask us.