Updated October 13, 2026 · Published by WKA Advocates
Kenya Constitution Article 65 limits non-citizen landholding to leasehold tenure for a term not exceeding 99 years. Assess the buyer status and proposed ownership structure before evaluating the transaction. A company or nominee arrangement should not be promoted as an automatic way around the applicable constitutional rules.
What Matters in Real estate ownership for non citizens
For real estate ownership for non citizens, start with a written account of the proposed dealing and the documents already available. Distinguish a Kenyan citizen living abroad from a non-citizen buyer. Review the title, remaining lease term, permitted use and any other restrictions relevant to the transaction. A property offer should be evaluated against the buyer's actual eligibility and plans. Obtain advice before paying for an arrangement promoted as an easy workaround.
Practical Preparation Checklist
Confirm the buyer's citizenship and legal structure.
Review tenure and remaining term on the title.
Assess constitutional and transaction-specific restrictions.
Connect the Records to Your Objective
Explain the decision you need to make and prepare a consistent set of documents. Property references, party names and relevant dates should match across the records. Where something is missing or inconsistent, identify it for review rather than filling the gap with an assumption. Preserve original correspondence and obtain appropriate independent information.
Agree which legal checks are included and where survey, valuation, structural or other specialist advice is needed. A legal review can identify obligations and document risks, but it should not be confused with a technical inspection. Ask for the material findings and outstanding questions in writing.
Plan the Legal Work and Next Step
Review the proposed timing, responsibilities and costs before committing to a further step. Where a payment, notice or signature is required, establish its purpose and the conditions that apply. If a dispute or urgent deadline exists, raise it at the start of the instruction. Clear scope and reporting help you evaluate the advice and decide whether to proceed or investigate further.
Common Question
Does living abroad make a Kenyan citizen a non-citizen buyer?
Residence abroad and citizenship are different questions. Confirm the buyer's status and relevant documentation before assessing the ownership rules.
Tell our Nairobi team whether you are buying, selling, leasing, developing or dealing with an existing dispute. Share the property reference, documents available and any material deadline. Call +254 798 035 580, email info@wka.co.ke, or view contact and instruction details. We can assess the enquiry and explain the proposed scope before work begins.
General property information for Kenya. Advice depends on your documents, current law and circumstances. Updated 13 October 2026.
