Land Act

5. Forms of tenure

Edition: 2025-11-04 · In force

5. Forms of tenure

(1)There shall be the following forms of land tenure—

(a)freehold;

(b)leasehold;

(c)such forms of partial interest as may be defined under this Act and other law, including but not limited to easements; and

(d)customary land rights, where consistent with the Constitution.

(2)There shall be equal recognition and enforcement of land rights arising under all tenure systems and non-discrimination in ownership of, and access to land under all tenure systems.

(3)Save as provided for in the Constitution, a registered proprietor shall not, for the purposes of obtaining planning permission, be obliged to surrender the freehold interest in exchange for leasehold.[Act No. 28 of 2016, s. 42.]

← Previous provision Next provision →

Source: Kenya Law