by Innovus Group
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Section 12A of the Land Act
Section 12A of the Land Act required that for any foreigners to own first and second-row beach plots in Kenya to obtain consent from the Cabinet Secretary for Lands and Physical Planning.
This provision was challenged in 2016 via a petition filed by the Malindi Law Society, and the court provisionally barred implementation of Section 12A pending full hearing and determination of the petition.
Subsequently, in October 2021, the court in Malindi ruled Section 12A unconstitutional and therefore, foreigners need not obtain any consent from the government to own first and second row beach plots in Kenya.