Can foreigners buy property in Kenya?
2 November 2026
Yes, foreigners can buy property in Kenya, but only on leasehold, for a term of up to 99 years. Article 65 of the Constitution limits non-citizens to leasehold tenure. If a document claims to give a non-citizen more than a 99-year lease, the law treats it as a 99-year lease and no more.
Last reviewed November 2026. This is general guidance, not legal or tax advice. Confirm the details with a Kenyan advocate before you commit money.
What Article 65 means in practice
- No freehold for non-citizens. You can buy, own, use and sell property, but your interest is a lease of up to 99 years.
- Longer interests are cut down. A purchase described as freehold doesn't give a non-citizen freehold. It's treated as a 99-year lease.
- Resale is allowed. You can sell your interest, though a citizen buying from you gets only what's left of the lease.
Does using a company get around this?
Generally not. A company counts as a citizen only if it's wholly owned by Kenyan citizens, so one foreign shareholder is enough to make it a non-citizen for this purpose. Property held in trust is treated the same way: all the beneficial owners must be citizens. Be wary of anyone offering a nominee arrangement as a workaround, and take independent advice first.
What should a foreign buyer check?
- The term left on the lease. Find out exactly how many years remain, because it affects value and any future sale.
- Renewal. Reports say renewal may be possible, subject to conditions, but don't assume it. Ask your advocate.
- Agricultural land. Extra restrictions can apply, so raise this early if you're looking outside the city.
- Moving your money. Keep clear records of funds sent to Kenya, and ask your bank what they'll need.
The usual checks still apply, including verifying the title and budgeting for the extra costs.
Which areas do foreign buyers usually consider?
Many international residents look near their work and schools. Runda and Rosslyn are close to Gigiri and the UN offices. Compare them in our guide to Nairobi's premium areas.
Frequently asked questions
Can a foreigner own a house or apartment in Nairobi?
Yes, on a lease of up to 99 years. Apartments are often sold on a lease in any case.
What happens if a foreigner buys freehold land in Kenya?
Under Article 65, the interest is treated as a 99-year lease, whatever the document says.
Can a foreigner sell Kenyan property?
Yes. The buyer takes over the remaining lease. A citizen buying from a foreigner doesn't automatically get freehold.
Sources
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