06/06/2023
The growth in the real estate sector in Kenya in the past 10 years is remarkable. The Kenyan government has worked tirelessly in opening doors for investors beyond the Kenyan land. It is as a result of these relations, that foreigners can own property on Kenyan soil.
This is however regulated by law, in that, the constitution of KENYA, the lands act (Act no. 6 of 2012) and the land registration act (Act no. 3 of 2012), subject to any law, grants the right to any person, either individually or in association with others to acquire and own land in Kenya. Moreover, some policies in the Kenyan government restrict some areas to be owned by foreigners.
As a foreigner it is critical to know the following before buying land in Kenya:
1. One can only own a lease hold land. This means that you can own land through leasing for a maximum period of 99years.
2. It is mandatory to obtain an Alien land holding license from the Ministry of lands and Physically planning before doing any transactions. At the Ministry, one shall be required to provide the following;
a. Valid passport. Must be original.
b. Proof of income; a bank statement or bank slip to be precise
c. A detailed proposal for the use of land.
3. Ensure to conduct due diligence on the land before purchasing.
It is advisable to work with a reputable Lawyer and a realtor who will ease the legal process and property search hustle.
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