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Kenya Land Ownership Guide for Ugandan Investors

Updated 3 November 2026 · Land & Property editorial team

As of November 2026, a foreigner in Kenya can hold land only on leasehold of up to 99 years, under Article 65 of the Constitution. A Ugandan is a foreigner for this purpose, as in the other direction. Transfers in gazetted towns and municipalities pay 4% stamp duty under an April 2024 directive. Only agents registered by the Estate Agents Registration Board may practise.

Foreign ownership
Leasehold only, up to 99 years (Art. 65; LRA s.107(3))
Company counts as citizen
Only if wholly and exclusively owned by citizens
Stamp duty, gazetted towns and municipalities
4% (directive of 5 April 2024)
Agents
Must be registered by the EARB with a current practising certificate

Can a Ugandan buy land in Kenya?

Yes, but not freehold. A Ugandan citizen is a non-citizen under Kenyan land law, and non-citizens can hold land only on leasehold. A 2012 law-firm note from Hogan Lovells and Anjarwalla and Khanna says Article 65 of the Constitution limits non-citizens to leasehold of not more than 99 years, and that section 107(3) of the Land Registration Act repeats the limit for leases granted to non-citizens. The same note says a body corporate is a citizen only if it is wholly and exclusively owned by citizens, so a company with any foreign shareholder counts as foreign, while foreign directors alone do not.

Treat that note as a guide, not the current statute. It is from September 2012, and we could not open the Constitution text on the official site when we wrote this page. Ask a Kenyan advocate to confirm the position for your deal. Our side-by-side of all four countries is buying land in East Africa as a foreigner: compared.

How does Kenya compare with Uganda?

The two countries use the same basic idea for foreign buyers, a lease capped at 99 years, but they differ in detail. Uganda is the baseline we read in the statute: section 41 of the Land Act (2023 revised edition) lets a non-citizen acquire a lease, caps it at 99 years, bars mailo and freehold holdings, and counts a company as a non-citizen if non-citizens control it or if its articles do not restrict share transfers to non-citizens.

QuestionUgandaKenya
What can a foreigner hold?A lease. No mailo or freehold.Leasehold only.
Maximum term99 years (Land Act s.41(3))99 years (Art. 65; LRA s.107(3), per a 2012 note)
When is a company foreign?If non-citizens control it, or its articles do not restrict share transfers to non-citizensUnless wholly and exclusively owned by citizens
Transfer taxStamp duty 1.5% of the Chief Government Valuer's value (as of Nov 2026)4% in gazetted towns and municipalities (EY, April 2024)

For the Ugandan rules in full, see can foreigners own land in Uganda. For a tenure comparison between the two countries, see Uganda vs Kenya land tenure compared. Kenyans buying in Uganda can read can a Kenyan buy land in Uganda.

Were foreign freeholds converted in 2010?

This is the question behind the old search "can a foreigner own freehold land in Kenya". The Hogan Lovells note says Article 65 limits non-citizens to leasehold, so a foreigner who held freehold or a longer lease has an interest that is reduced to a 99-year lease. It adds that neither the Constitution nor the land laws say when the 99 years begin, and that its own assumption is 27 August 2010, the date the Constitution came into force. That is an assumption by the authors, not a rule, and other sources disagree on the legal basis and date, so we do not state a start date as fact.

The note also says a Kenyan citizen who buys from a foreigner buys only the remaining 99-year leasehold, with no way to upgrade it to freehold, and that on expiry the land is offered to the previous lessee only if that lessee is a citizen (Land Act, section 13(1), as in 2012). If you are buying a leasehold, ask how many years remain, and ask for the lease document and the registry search.

How much is stamp duty on land in Kenya?

EY reports that land registrars were directed on 5 April 2024 to charge 4% stamp duty on transfers of land within gazetted towns and municipalities, following a list of such areas published by the Council of Governors on 4 April 2024. The directive took effect immediately, according to EY. The EY page does not give the earlier rate or the rate for land outside gazetted areas.

Several guides quote 2% for rural land, but we could not open an official source for that figure, so we do not state it as a rule. Ask the registry or your advocate which rate applies to your parcel, and what value the duty is charged on. For comparison, Uganda charges 1.5% of the valuer's value on a land transfer as of November 2026. Rates and directives change, so confirm before you pay.

How do I search and check a title in Kenya?

Kenyan land records are moving to a digital system called Ardhisasa. We have not verified the fees or steps from an official page, so we do not quote them here. Our page Ardhisasa land search in Kenya: how it works sets out what we know and where we are unsure. As in Uganda, the sound approach is to search the title, check the seller's identity and the lease terms, confirm any consents, and use a local advocate. Fake titles are a known risk across the region, so read land scams across East Africa.

If you plan to buy with relatives or friends, see co-owning land for the general risks, and remember that in Kenya a company with a foreign shareholder is treated as foreign.

Are Kenyan estate agents licensed?

Yes. The Estate Agents Registration Board (EARB) says only registered and licensed agents with a current practising annual certificate may conduct estate agency. Its registration steps ask for certified copies of qualifications, a national ID or passport and a Certificate of Good Conduct, an application, vetting, an interview, and then a registration certificate with a unique number. Its member portal lists individual requirements including a minimum KCSE certificate, two years of experience, a recommendation from a registered agent and Kenyan citizenship.

EARB's own pages give different fees, one saying KSh 1,000 for registration and another listing an application fee, an interview fee, a registration fee and an annual practising certificate, so we do not quote a figure. The portal we read does not show a public tool for checking an agent. Read how to check a Kenyan property agent is registered for the steps we suggest, and estate agents and brokers in Nairobi: how to choose one.

Where do I find Nairobi renting and agent guides?

We have no for-sale listings in Kenya, so our Kenya pages carry facts and rental guides. For renters and brokers there is houses and apartments for rent in Nairobi by estate, apartments for sale in Nairobi: areas, titles and costs and tenant rights in Kenya. Other country guides are Tanzania and Rwanda, and the East Africa hub links them all.

If you are a Kenyan agent, you can become a verified agent and also reach buyers looking at Uganda. If you want to see what is for sale in Uganda, search our listings. This page is general information, not legal advice.

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Live from Land & Property on 4 November 2026. Prices are the sellers' asking prices.

In this section

Frequently asked questions

Can a Ugandan buy land in Kenya?

Yes, but only on leasehold of up to 99 years. A Ugandan citizen is a non-citizen under Kenyan law, and a 2012 law-firm note on Article 65 and the Land Registration Act says non-citizens cannot hold freehold. Confirm the current position with a Kenyan advocate.

Are Kenyan agents licensed?

Yes. The Estate Agents Registration Board says only registered agents with a current practising annual certificate may conduct estate agency. Ask any agent for their registration, and check it with the board before you pay a deposit.

How much is stamp duty on land in Kenya?

EY reports a 4% rate on transfers in gazetted towns and municipalities, from a directive of 5 April 2024. We could not verify an official rural rate, so ask the registry or your advocate what applies to your parcel.

Is a Kenyan company with foreign shareholders a citizen?

No. A 2012 law-firm note says a body corporate is a citizen only if wholly and exclusively owned by citizens. Foreign directors alone do not change that, but any foreign shareholding does. Take advice before holding land through a company.

Can I upgrade a Kenyan leasehold to freehold?

The 2012 note says there is no provision to upgrade a 99-year leasehold bought from a foreigner to freehold. Check the lease terms and the years remaining, and ask an advocate whether anything has changed since.

Sources

  1. Kenyan Land Act: Questions (September 2012), Hogan Lovells and Anjarwalla and Khanna (accessed 2026-11)
  2. Kenya: land transfers in gazetted towns and municipalities to be charged at 4% stamp duty, EY (accessed 2026-11)
  3. Steps in registering with the Estate Agents Registration Board, Estate Agents Registration Board (accessed 2026-11)
  4. Estate agent registration (member portal), Estate Agents Registration Board (accessed 2026-11)
  5. Land Act, Cap. 236, 2023 revised edition, section 41, Uganda Legal Information Institute (accessed 2026-11)

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