Uganda vs Kenya Land Tenure Compared
Updated 3 November 2026 · Land & Property editorial team
Uganda recognises mailo, freehold, leasehold and customary tenure, and Kenya recognises freehold, leasehold and community land alongside public land. Mailo exists only in Uganda. In both countries a non-citizen is limited to leasehold of up to 99 years. Registries, tax and fees differ, as set out below. As of November 2026.
- Uganda tenures
- Mailo, freehold, leasehold, customary
- Kenya tenures
- Freehold, leasehold, community and public land
- Foreigners in both
- Leasehold up to 99 years (Uganda Land Act s.41; Kenya Constitution Art. 65)
- Uganda listings by tenure
- 57 mailo, 4 freehold, 2 leasehold, 30 not stated of 93 (Land & Property listings, Nov 2026)
How is Uganda's land tenure different from Kenya's?
The two countries share a common-law background but built different systems. Uganda's tenure types are mailo, freehold, leasehold and customary (Land Act and Constitution of Uganda, Article 237). Kenya's are freehold and leasehold, with land classed as public, community or private under Articles 61 to 63 of the Constitution of Kenya. Our sources for Kenya's side were secondary, so check each point with a Kenyan advocate.
| Question | Uganda | Kenya |
|---|---|---|
| Main tenure types | Mailo, freehold, leasehold, customary | Freehold, leasehold, plus community and public land |
| Mailo exists? | Yes, unique to Uganda | No |
| Non-citizen can hold | Lease of up to 99 years. Not mailo or freehold (Land Act s.41) | Lease of up to 99 years (Constitution Art. 65) |
| Online search | UgNLIS | Ardhisasa |
| Agent regulator | Not confirmed here | Estate Agents Registration Board |
Is there mailo in Kenya?
No. We found no mailo category in the tenure types that the Kenyan sources describe, which are freehold, leasehold, and public and community land. Mailo is a feature of Uganda's land history, and in our listings it is the most common tenure by far: of 93 published listings on 3 November 2026, 57 stated mailo, 4 stated freehold, 2 stated leasehold and 30 did not state a tenure (Land & Property listings, Nov 2026). For a plain-words guide to each Ugandan type see land tenure systems in Uganda.
A Kenyan used to a "title deed" will see familiar words on a Ugandan certificate of title, but the rights behind it can differ. For example, mailo land may carry people who already live and farm on it. Always ask the agent what tenure the listing has before you travel to see it.
What are the foreign limits in each country?
Both countries limit non-citizens to leasehold, with the same 99-year ceiling:
- Uganda. A non-citizen may be granted a lease of up to 99 years and shall not acquire or hold mailo or freehold land (Land Act, Cap 236, s.41). A company controlled by non-citizens is treated as a non-citizen. The full case for Kenyan buyers is on Can a Kenyan Buy Land in Uganda?
- Kenya. The Constitution of Kenya, Article 65, limits non-citizens to leasehold of up to 99 years, and treats a company as a citizen only if citizens wholly own it. Secondary sources disagree on how freehold held by foreigners before 2010 was treated, so we leave that point out. See the Kenya Land Ownership Guide for Ugandan Investors.
For all four countries side by side see Buying Land in East Africa as a Foreigner.
How do the registries compare?
Both countries have an online search, and both are still digitising records. Uganda's is the National Land Information System, explained on UgNLIS Online Land Search, and Daily Monitor reported in April 2026 that the lands ministry says it is digitising records to reduce fraud. Kenya's is Ardhisasa, explained on Ardhisasa land search. One guide gives the Ardhisasa search fee as KES 500, which we mark as unconfirmed.
In both, an online search is a first check. Daily Monitor reports that Uganda police recorded 663 land fraud cases in 2025, and a Kenyan lands official has warned about fake titles. The patterns are on Land Scams Across East Africa.
How do transfer taxes compare?
Only part of the picture is confirmed. In Kenya, EY reported that a 5 April 2024 directive from the Principal Secretary for Lands set stamp duty at 4% for land transfers in gazetted towns and municipalities, with immediate effect. EY's note did not state the rate outside those areas. For Uganda we have not confirmed the current stamp duty rate for this page, so we do not state one. Ask the Uganda Revenue Authority or an advocate.
Do not compare headline rates alone. Compare the total: stamp duty, legal fees, registration fees, survey costs and any consent needed. Our listings give prices only, so budget these on top of the price.
What should a buyer do first?
- Name the tenure of the parcel in writing before paying anything.
- Check whether your nationality limits you to a lease.
- Search the title on the right registry and meet the registered owner.
- Use a local advocate to confirm the structure and the taxes.
If you are a Ugandan agent or a Kenyan agent with cross-border clients, you can join as a verified agent, and anyone can browse all listings. The regional overview is the East Africa Property Hub.
Listings available now
Live from Land & Property on 4 November 2026. Prices are the sellers' asking prices.
-
25 Decimals in Bunga at Ugx820m
UGX 820,000,000
-
470 acres in Kikyusa Kamira at Ugx10m per acre
UGX 10,000,000 per acre
-
1 acre for sale in Kololo at $2,500,000
UGX 9,250,000,000
-
150 acres in Kalongo Nakasongola at Ugx5.8m per acre
UGX 5,800,000 per acre
-
120 acres in Kisozi Nakaseke at Ugx6.5m per acre
UGX 6,500,000 per acre
-
300 acres Migyeera Nakasongola on tarmac at Ugx12m per acre
UGX 12,000,000 per acre
Frequently asked questions
How is Uganda's land tenure different from Kenya's?
Uganda recognises mailo, freehold, leasehold and customary tenure. Kenya recognises freehold and leasehold, with community and public land under its Constitution. Mailo exists only in Uganda. Both limit non-citizens to leasehold of up to 99 years.
Is there mailo in Kenya?
No. Mailo is specific to Uganda. Kenya's sources describe freehold, leasehold, and public and community land. Our own Ugandan listings show mailo is common: 57 of 93 published listings stated it on 3 November 2026.
Can a Kenyan hold freehold in Uganda?
No. A non-citizen shall not acquire or hold mailo or freehold land under section 41 of Uganda's Land Act, and may take a lease of up to 99 years. We found no exemption for EAC citizens, so confirm with the Ministry of Lands.
Which country has an online land search?
Both. Uganda has UgNLIS and Kenya has Ardhisasa. An online search is a first check only, so compare the result with the paper title and meet the registered owner before paying.
Sources
- Land Act Cap 236, section 41 (Acquisition of land by non-citizen), ULII (accessed 2026-11)
- Kenya: land transfers in gazetted towns and municipalities to be charged at 4% stamp duty, EY (accessed 2026-11)
- Inside Uganda's land fraud crisis, Daily Monitor (accessed 2026-11)
- How to conduct a land search in Kenya, Huduma Global (accessed 2026-11)
- Constitution of Kenya, Article 65 (Landholding by non-citizens), Kenya Law Reform Commission (accessed 2026-11)
Related guides
- East Africa Property Hub: Uganda, Kenya, Tanzania, Rwanda
- Ardhisasa Land Search in Kenya: How It Works
- Buying Land in East Africa as a Foreigner: Compared
- Kenya Land Ownership Guide for Ugandan Investors
- Land Scams Across East Africa: Common Patterns
- Land Tenure in Uganda: Mailo, Freehold, Leasehold, Customary