• Section 5 of the Land act, 2012 provides for the forms of land tenure in Kenya to include the following:

  1. Freehold.

Freehold refers to the unlimited right to use and dispose of land in perpetuity subject to the rights of others and the regulatory powers of the national government, county government and other relevant state.

  1. Leasehold.

Leasehold refers to the grant, with or without consideration, by the proprietor of land of the right to the exclusive possession of his or her land, and includes the right so granted and the instrument granting it, and also includes a sublease but does not include an agreement for lease.

  1. Customary Land Rights

 Customary land rights refer to the rights conferred by or derived from Kenyan customary law whether formally recognized by legislation or not.

  1. Easements

Easements refer to a non-possessory interest in another’s land that allows the holder to use the land to a particular extent, to require the proprietor to undertake an act relating to the land, or to restrict the proprietor’s use to a particular extent, and shall not include a profit.


Land Act, 2012


Robert Muoka – Advocate of the High Court of Kenya

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