How to avoid the risk of your land being taken over by government

When it comes to lease extensions, the most prudent approach is to apply for one at least five years before expiry. This rule of thumb exists for good reasons. There is a crucial legal distinction between a lease extension and a lease renewal in Kenya. An extension, applied for before the lease expires, preserves the leaseholder's legal interest and ensures continuity of title.

Renewal happens after expiry - by then, the land has escheated to the government, the lessee's rights have lapsed, and any new grant faces reallocation risks and new terms. Add delays at the land registry and issues like a co-tenant's death triggering succession proceedings, and a routine process quickly becomes a legal minefield.