Govt Demands Foreigners Hand Over Title Deeds
Lands Cabinet Secretary Alice Wahome has ordered all foreigners in Kilifi County to return their illegal freehold title deeds to the government.
On Thursday, December 19, at the Muyeye Health Centre in Malindi, the CS expressed concern about the growing issue of foreigners holding freehold title deeds, which is illegal.
“We have no issues with foreigners who have lived here for an extended period,” the CS remarked during the unveiling of the Ksh48.8 million maternity wing built by the State Department for Housing and Urban Development.
“However, some dishonest individuals have misled them, issuing freehold titles. Foreigners cannot own freehold titles unless they are Kenyan citizens.”
The CS clarified that the 2010 constitution allows foreigners to only receive leases for up to 99 years.
She also called on Kilifi Governor Gideon Mung’aro to ensure that foreigners with freehold titles are prevented from engaging in transactions involving freehold properties at land registries.
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As outlined in Article 65 of the 2010 Kenyan constitution, freehold property refers to land that is “free from hold,” meaning no holding charges are due. When a person purchases a freehold property, the ownership is entirely transferred to them, with the initial payment covering all costs.
Once a Kenyan acquires freehold property, they have full rights to use or alter it, provided they adhere to local community regulations.
Additionally, CS Wahome announced that the Ministry had partnered with the Kilifi county government to establish a land registry in Malindi, which will serve residents of Malindi and Magarini Sub Counties. Previously, these residents had to travel to Kilifi for land-related services.
The issue of foreigners possessing freehold title deeds has become widespread along the coast, with many falling prey to unscrupulous dealers due to their lack of familiarity with Kenyan laws.
To combat land cartels exploiting foreigners, the Ministry revealed plans to digitize all land operations and applications in July.
Financial institutions are also being urged to ensure their land valuers and lawyers conduct thorough due diligence when verifying land titles.
Govt Demands Foreigners Hand Over Title Deeds