Many foreigners have been duped that they cannot own land in their name in Kenya. This notion is untrue since foreigners are permitted to own land within the Republic of Kenya. However, this ownership is subject to certain pre-qualifications and conditions.
In Hanny Hartmann v. Edward Mganga Mbogo (Civil Case 222 of 2007), Marga Grounstra v. Baya Abraham Wanje (Civil Case No. 284 of 2007) and many other similar cases, more so in relation to coastal properties, foreigners enter into all manner of agreements and arrangements with locals with a view of the locals purchasing properties on their behalf. This is usually based on the alleged representation that a foreigner cannot own land in their name. Such partnerships between locals and foreigners usually turn sour and should be approached with caution.
Accordingly, before a foreigner purchases land or a house in Kenya, proper research should be done through the help of a qualified legal professional to advice and structure a legally sound transaction. Continue reading “Foreigners’ Ownership of Real Estate in Kenya”