Legal Alert | Consent Requirement for Foreigners to Transact on Beach Plots Declared Unconstitutional

In 2016, a petition was filed in court (Malindi Law Society versus the Attorney General of Kenya & Another (Petition No. 19 of 2016)) challenging the provisions of section 12A of the Land Act which made it mandatory for foreigners seeking to own first and second-row beach plots in Kenya to obtain consent from the Cabinet Secretary for Lands and Physical Planning. The court issued a conservatory order that barred the implementation of section 12A in 2016 pending the full hearing and determination of the Petition.

in October 2021, a three-judge bench sitting in Malindi declared section 12A unconstitutional and as such a foreigner would not require the consent of the Cabinet Secretary prior to transacting in first and second-row beach plots in Kenya.

Following the judgment, section 12A is now null and void and the office of the Attorney General together with the Kenya Law Reform Commission are now required to amend the Land Act to repeal it.


Should you have any questions regarding the information in this Legal Alert, please do not hesitate to contact Mona K. Doshi or Adnan Khan

Mona K. Doshi
Partner
ALN Kenya | Anjarwalla & Khanna
mkd@africalegalnetwork.com
Adnan Khan
Partner
ALN Kenya | Anjarwalla & Khanna
akh@africalegalnetwork.com

 


The content of this alert is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.