The Constitutions restricts foreign ownership of private land to leasehold for a maximum of 99 years.
To acquire public land, whether held by national or county government, a developer must apply to the National Land Commission, either directly, or through allocation auctions. Such land must be used for the purposes declared or else reverts back to government.
The acquisition or transfer or private land by freehold or leasehold must be registered with the local land registry in keeping with the Land Registration Act.
Land Classification
Public Land
Reserved for public use or environmental protection. It is administered and managed by National Land Commission on behalf of the people of Kenya.
Private Land
Land held by natural or legal persons. The Ministry of lands is tasked with the registration of any interest in private Land
Community Land
Land held by communities on basis of ethnicity, culture or similar community interest.