Date of publication:

01/08/2026

Kenya

Do domestic laws and policies allow forcibly displaced and stateless persons to own, lease, rent or inherit housing and land? 

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Kenya’s legal framework guarantees access to the acquisition of movable and immovable property, ensuring that individuals, including citizens, legal residents, and investors, can own, lease, transfer, or inherit property. The country’s property laws provide clear guidelines on land ownership, real estate transactions, and the registration of property rights, fostering a structured and legally protected property market. Legal provisions also regulate movable assets, ensuring that individuals can acquire, register, and transfer personal and business-related property. These laws align with national development policies and economic frameworks, promoting secure property rights, investment opportunities, and economic stability within Kenya’s legal system.

    LAW & POLICY

    Related provisions of domestic law or policy

    The Constitution of Kenya

    Legal provision

    Article 40 - Protection of right to property.

    Subject to Article 65, every person has the right, either individually or in association with others, to acquire and own property— (a) of any description; and (b) in any part of Kenya.

    Article 65 - Landholding by non-citizens

    A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.

    The Land Control Act (Cap 302)

    Legal provision

    Section 9.1 - Granting or refusal of consent

    Each of the following transactions—that is to say— (c) the sale, transfer, lease, mortgage, exchange, partition or other disposal of or dealing with any agricultural land, which is situated within a land control area, is void for all purposes unless the land control board for the land control area or division in which the land is situated has given its consent in respect of that transaction in accordance with this Act.

    The Movable Property Security Rights Act

    Legal provision

    Section 4 - Scope of application

    A security right is created by a security agreement, which shall— (a) be in writing; (b) relate to a secured obligation; and (c) describe the collateral in a manner that makes it reasonably identifiable.