Review: The Law Guiding conversion from Freehold to Leasehold

 In Kenya, the conversion from freehold to leasehold is stipulated by the Constitution of Kenya (2010), specifically Article 65, which restricts non-citizens to holding land only as leasehold for a maximum term of 99 years. 

Further, the implementation of this conversion process is governed by the following laws and regulations:

• Land Regulations, 2017 (Legal Notice 280): These regulations provide the mechanism for the National Land Commission (NLC) to convert freehold titles held by non-citizens into leasehold titles of 99 years.
• The Land Act, 2012 (and subsequent amendments): This act provides the framework for managing public land and land registration, including the conversion of land tenures.
• Land Amendment Act 2024 (proposed/implemented): This recent legislative change aims to convert private freehold land in urban areas into leasehold to facilitate better land management and taxation. 

Key Aspects of the Conversion Law in Kenya:

• Mandatory for Foreigners: Non-citizens cannot own freehold land. Any freehold land owned by a non-citizen is deemed to have been converted to a 99-year leasehold, effective from August 27, 2010.
• Urban Areas: For Kenyan citizens, the 2024 amendments allow for the conversion of freehold to leasehold for urban properties.
• NLC Role: The National Land Commission handles the conversion process, including notifying affected owners, resurveying the land, and issuing new 99-year leases. 

For voluntary conversion or specific, individual cases, the process is facilitated under the Land Act 2012 and requires, among other things, the surrender of the original freehold title to the NLC.