Lands Cabinet Secretary Alice Wahome has directed all foreigners in Kilifi County to surrender 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 raised alarm over the tendency of foreigners to possess freehold title deeds, which was against the law.
“There are those foreigners who have stayed with us for a long time, and we have no issues with them,” the CS said during the handing over of the Ksh48.8 million maternity wing constructed by the State Department for Housing and Urban Development.
“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.
A not for sale signpost on a piece of land
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Xativa
According to the CS, the 2010 constitution only provided foreigners the ability to be issued leases of 99 years and below.
The CS further urged Kilifi governor Gideon Mung’aro to ensure foreigners with freehold titles are barred from transacting with freehold titles in land registries.
According to Article 65 of the 2010 Kenyan constitution, a freehold property is defined as a property that is “free from hold” – meaning there are no holding charges. Once one buys a freehold property such as land, ownership is fully transferred to the buyer as the initial price covers everything.
Once a Kenyan acquires freehold property, he is free to do whatever he likes with it, as long as it aligns with the rules of the local community.
Further, CS Wahome revealed the Ministry had collaborated with the county government of Kilifi to build a land registry in Malindi to serve the residents of Malindi and Magarini Sub Counties. Before, these residents had to travel to Kilifi to receive the land-related services.
The issue of foreigners owning freehold title deeds has been rampant in the coastal region, with some of these foreigners falling victim to unethical dealers because of their unfamiliarity with the Kenyan constitution.
In a bid to curb land cartels who were duping foreigners to acquire freehold property, the Ministry inJuly announced plans to digitise all operations and applications.
Financial institutions are also being urged to get their land valuers and lawyers to do due diligence in the interrogation of land titles
A signpost showing a parcel of land.
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Capital