State orders foreigners in Kilifi to surrender illegal freehold land titles
By Maureen Kinyanjui |
Under the 2010 Kenyan Constitution, foreigners are only allowed to hold land through leases, which cannot exceed 99 years.
In a move aimed at curbing illegal land transactions, the government has ordered all foreigners in Kilifi County to surrender their freehold title deeds, which they are not legally entitled to under Kenyan law.
Lands Cabinet Secretary Alice Wahome issued the directive on Thursday, during the unveiling of a new maternity wing at the Muyeye Health Centre in Malindi town.
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Addressing the issue publicly for the first time, Wahome expressed concern over the growing trend of foreigners possessing freehold titles, which she said was against the Constitution of Kenya.
"There are those foreigners who have stayed with us for a long time, and we have no issues with them. But some unscrupulous people lied to them and gave them titles that were freehold. You can't possess freehold titles if you are not a Kenyan," she said.
Under the 2010 Kenyan Constitution, foreigners are only allowed to hold land through leases, which cannot exceed 99 years.
The Constitution specifically bars non-citizens from owning freehold land, a type of property where ownership is permanent and unrestricted.
The CS further directed Kilifi County Governor Gideon Mung'aro to ensure that foreigners with illegal freehold titles are prevented from transacting in land registries.
"I urge Governor Mung'aro to ensure that foreigners with freehold titles are barred from transacting with freehold titles in the land registries," Wahome added.
Protecting local land ownership
The government's stance is aimed at protecting local land ownership and ensuring that land transactions are in accordance with constitutional provisions.
According to Article 65 of the 2010 Constitution, freehold property refers to land that is fully owned by an individual, with no conditions attached.
However, foreigners are prohibited from acquiring freehold property, and the government has vowed to act against those violating this provision.
CS Wahome also revealed that the Ministry of Lands, in collaboration with the Kilifi County Government, is in the process of constructing a new land registry in Malindi.
This facility will serve the residents of Malindi and Magarini Sub-Counties, who previously had to travel to Kilifi for land-related services.
The issue of foreigners owning freehold land in Kenya, particularly along the coast, has been a persistent problem.
Many foreigners have been duped by unscrupulous land dealers due to a lack of understanding of the country's land laws.
To address this, the Ministry of Lands has taken steps to digitise land transactions and applications in a bid to reduce fraudulent activities in the sector.
The CS also urged financial institutions to ensure their valuers and lawyers conduct thorough due diligence when handling land transactions, particularly those involving foreigners.
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