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Ask the Constitution

Can a foreigner own land in Kenya forever (freehold)?

No

No. A non-citizen may hold land only on leasehold, and the lease cannot exceed 99 years.

Article 65 says a person who is not a citizen may hold land only on leasehold tenure, for no more than 99 years. Any document claiming to give more is treated as a 99-year lease. A company counts as a citizen only if it is wholly owned by citizens.

β€œA person who is not a citizen may hold land on the basis of leasehold tenure only”

Article 65: Landholding by non-citizens

Summaries and answers are a plain-English guide written by Iam254, not legal advice. The official text is what counts. Official text: Constitution of Kenya, 2010, Kenya Law (National Council for Law Reporting), legislation as at 3 September 2010. It has not been amended since.