‘You Can’t Possess Freehold Titles!’ – Gov’t Tells Foreigners
Lands Cabinet Secretary Alice Wahome has ordered all foreigners in Kilifi County to hand over their illegal freehold title deeds to the government.
The CS spoke on Thursday, December 19, at the Muyeye Health Centre in Malindi town, where she expressed concern about foreigners’ proclivity to own freehold title deeds, which is illegal.
“There are those foreigners who have stayed with us for a long time, and we have no issues with them,” the CS said.
Wahome spoke during the handover of the State Department of Housing and Urban Development’s Ksh48.8 million maternity wing.
“But there are some unscrupulous people who lied to them and gave them titles that are freehold. You can’t possess freehold titles if you are not a Kenyan.”
Land CS orders foreigners in Kilifi to surrender illegal freehold title deeds pic.twitter.com/FcSEV7a6m7
— K24 TV (@K24Tv) December 19, 2024
According to the CS, the 2010 constitution only allowed foreigners to be awarded leases of 99 years or less.
The CS also urged Kilifi governor Gideon Mung’aro to guarantee that foreigners possessing freehold titles are prohibited from trading with freehold titles in land registries.
According to Article 65 of Kenya’s 2010 constitution, a freehold property is one that is “free from hold” – that is, there are no holding charges.
When one purchases a freehold property, such as land, ownership is totally transferred to the buyer because the initial price covers everything.
Once a Kenyan gains freehold property, he is free to do whatever he wants with it, as long as it follows local community rules.
Furthermore, CS Wahome disclosed that the Ministry had worked with the Kilifi county government to establish a land registry in Malindi to serve the population of Malindi and Magarini Sub Counties.
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Previously, these residents had to go to Kilifi to access land-based services.
Foreigners possessing freehold title deeds has been a major issue in the coastal region, with some falling victim to unethical traders due to their unfamiliarity with Kenya’s constitution.
In an effort to combat land cartels that were duping foreigners into purchasing freehold property, the Ministry announced intentions in July to digitize all processes and applications.
Financial institutions are also recommended to have their land valuers and lawyers to perform due diligence when interrogating land titles.
‘You Can’t Possess Freehold Titles!’ – Gov’t Tells Foreigners
