Foreign nationals can own property in Kenya but must comply with certain restrictions. The law prohibits foreign ownership of agricultural land without express consent of the Land Control Board. Most foreign investors acquire leasehold property, especially in urban areas, where leases run up to 99 years.
All property transactions must be vetted for authenticity. This includes title searches, seller due diligence, and confirmation of land use regulations. A lawyer is essential to navigate these complexities and ensure all consents, taxes, and permits are in place before proceeding.
At BMA Advocates, we represent foreign clients at every stage—from structuring joint ventures with Kenyan citizens to handling registration and title issuance. Our goal is to provide clarity and control throughout the property acquisition process.
FAQs -Buying Property in Kenya as a Foreigner: Legal Do’s and Don’ts
Can foreigners own land in Kenya?
Foreigners can own land only under leasehold tenure, as restricted by Article 65 of the Constitution. Freehold ownership is reserved for citizens.
What types of property can I purchase?
You can buy residential, commercial, or industrial leasehold properties, especially in urban areas. Agricultural land is generally restricted.
Can I buy property through a Kenyan company?
Yes, but if the company is majority foreign-owned, it still falls under the same constitutional restrictions as individual foreigners.
What are the due diligence steps before purchase?
Title search, inspection, verification of ownership, checking for encumbrances, and ensuring no caveats or disputes exist.
What’s the legal process after identifying a property?
It includes negotiating a sale agreement, conducting due diligence, paying stamp duty, securing approvals, and effecting title transfer at the Lands Registry.
Are there taxes involved in the transaction?
Yes. Stamp duty (usually 4% of the purchase price), legal fees, registration fees, and sometimes Capital Gains Tax on the seller’s side.
Can a foreigner finance the purchase through a local bank?
Yes. Some Kenyan banks offer mortgages to foreigners, especially those with valid permits and verifiable income.
Do I need Land Control Board (LCB) consent?
Only if the land is agricultural. Urban and commercial properties typically don’t require LCB consent.
What documents do I need as a foreign buyer?
Passport, KRA PIN, executed Sale Agreement, land search, and evidence of source of funds, especially if financing.
How does BMA Advocates assist foreign buyers?
We handle the entire conveyancing process—due diligence, document drafting, compliance, negotiations, and registration
This article is for general informational purposes only and does not constitute legal advice. For tailored assistance, please consult BMA Advocates directly.
