Guide for overseas buyers
Buying property in Kenya from Australia
What foreign buyers need to know about ownership, leases and the buying process before making an offer.
1. Can a foreigner own land in Kenya?
Yes, but not freehold. Kenya's Constitution (Article 65) allows non-citizens to hold land on leasehold of up to 99 years. If a non-citizen acquires freehold land, the interest is treated as a 99-year lease.
A company counts as a citizen only if it is wholly owned by Kenyan citizens. A company with any foreign shareholder is treated as a non-citizen for land ownership.
Apartments and houses on leasehold land, such as most properties in Nairobi and many coastal developments, are the most straightforward purchases for foreign buyers.
2. Ranches and farms: agricultural land
Agricultural land comes with extra controls. Under the Land Control Act, sales and long leases of agricultural land in land control areas need consent from the local Land Control Board, and transfers to non-citizens are generally restricted.
Foreign buyers interested in a ranch or farm commonly look at options such as a long lease, a joint venture with Kenyan partners or a properly structured investment. Ask an advocate which structure is lawful for the specific property before you pay any deposit.
3. Leasehold terms to check
- Years remaining on the lease. A 99-year lease granted in 1970 has far less value than a new one.
- Annual land rent and rates, and whether they are paid up to date.
- Special conditions on the lease, such as permitted use or building deadlines.
- Renewal terms and whether the lessor's consent is needed to transfer.
4. The buying process, step by step
- Choose a property and confirm the asking price with the agent. Prices on this site are set in KES; AUD figures are approximate.
- Appoint a Kenyan advocate. They act for you, not the seller.
- Due diligence: an official search at the land registry, checking the seller's identity and authority, rates and rent clearance, and the survey map and beacons on site.
- Sale agreement drawn up by the advocates. A deposit, often around 10%, is usually paid into the advocate's client account.
- Consents and approvals, such as Land Control Board consent for agricultural land or the lessor's consent for leasehold.
- Valuation and stamp duty. The property is valued for stamp duty, which you pay as the buyer.
- Balance paid and transfer registered in your name at the land registry. You receive the title or certificate of lease.
You will need a KRA PIN (Kenyan tax number) for the transfer. Your advocate can help you get one.
5. Sending money from Australia
- Most sales are settled in Kenyan shillings. The AUD amount you pay depends on the exchange rate on the day you transfer.
- Pay only into your advocate's client account, never into an agent's or seller's personal account.
- Confirm bank details by phone with your advocate before every transfer. Fake "changed bank details" emails are a common scam.
- Keep records of every transfer for Australian tax and for selling later.
Ready to look?
Every ranch on Alpha Properties lists water, fencing, rainfall and carrying capacity, so you can compare from Australia.