Kenya

Property Law

We can help you with all the steps to buying your property!

Step 1: Search

Establish the specific property you are looking for. (For resale potential it is statistically best to buy in town centers and near the sea.)

Step 2: Seller’s Documents

Get copies of the seller’s title deed, ID and PIN Certificate.

Step 3: Negotiation

Establish with the seller how much will you pay for the property and over what period of time.

Step 4: Advocacy

A licensed advocate of the High Court specializing in conveyancing will need to be referred to.

Step 5: Corroboration

The Lands Department needs to be requisitioned for certified copies of Title deed; Green Card; Registry Index Map; and Mutation Form (if needed). Make sure they all have matching details.

Step 6: Surveyor

Use the services of a licensed surveyor to check for discrepancies between the size and location of a property with what it says on the paperwork.

Step 7: Agreement

Formulate and then sign a Sales Agreement in Triplicate with a notary as witness.

Step 8: Payment

Pay money to seller or into an escrow account to be released when the sale is processed and title has been transferred.

Step 9: Completion

Provide your details to government for processing change of ownership into your name: ID/Passport; Company details; Address; Phone Number; PIN certificate (if you have one).

Yes!

A foreigner can buy freehold or leasehold property in Kenya!

But only Kenyan citizens may hold property ‘forever’ (freehold title).

A foreigner can still buy property classed as freehold, however upon purchase the property will convert from freehold to a 99 year leasehold title.

In Kenya many properties are leasehold anyway, so whether one is a foreigner or a Kenyan citizen wouldn’t make a difference in many cases.

Yes!

A leasehold is not the same as a lease. For the duration of a leasehold one has full ownership rights.

There is a healthy demand for leasehold Kenyan property, both by local Kenyans and foreigners (and foreigners can only hold leasehold anyway). So there is ample resale potential of leasehold property.

Weather you want to resell property, or keep a property long term, you can do it in Kenya.

Yes!

A foreigner can get Kenyan citizenship. This would allow them to hold freehold property in Kenya which can be handed down through generations.

Kenyan citizenship could be obtained by marrying a Kenyan citizen, or by ‘naturalization’ after living in the country for 7 years. 

Yes!

The great thing about Kenya is the country allows dual citizenship. This means that, you can get additional passports.

Having multiple passports and citizenships is highly coveted by many, as this gives one more options in the international landscape.

It would allow you to travel to greater number of countries visa free. And it would give you greater flexibility regarding operating in multiple countries.

Disclaimer: This is meant to be helpful up-to-date information, not financial or legal advice.

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