Freehold and leasehold ownership of agricultural land by non-citizens (including a body corporate not wholly owned by one or more citizens) is prohibited. For the purposes of the FDIRRI methodology, this is assumed to fully preclude investment by foreign investors in agricultural activities as foreign-owned entities cannot lease or own land for such purposes.
"2. Interpretation
In this Act, unless the context otherwise requires—
"agricultural land" means—
(a) land that is not within—
(i) a municipality or a township; or
(ii) an area which was, on or at any time after the 1st July 1952, a township under the Townships Act (Cap. 133), 1948 (repealed); or
(iii) an area which was, on or at any time after the 1st July 1952, a trading centre under the Trading Centres Act (Cap. 278, 1948 repealed); or
(iv) a market;
(b) land in the Nairobi Area or in any municipality, township or urban centre that is declared by the Cabinet Secretary, by notice in the Gazette, to be agricultural land for the purposes of this Act, other than land which, by reason of any condition or covenant in the title thereto or any limitation imposed by law, is subject to the restriction that it may not be used for agriculture or to the requirement that it shall be used for a non- agricultural purpose;
[...]
PART IV – CONTROL OF DEALINGS IN AGRICULTURAL LAND
6. Transactions affecting agricultural land
(1) Each of the following transactions, that is to say—
(a) the sale, transfer, lease, mortgage, exchange, partition or other disposal of or dealing with any agricultural land which is situated within a land control area;
(b) the division of any such agricultural land into two or more parcels to be held under separate titles, other than the division of an area of less than twenty acres into plots in an area to which the Development and Use of Land (Planning) Regulations, 1961 (L.N. 516/1961) for the time being apply;
(c) the issue, sale, transfer, mortgage or any other disposal of or dealing with any share in a private company or co-operative society which for the time being owns agricultural land situated within a land control area,
is void for all purposes unless the land control board for the land control area or division in which the land is situated has given its consent in respect of that transaction in accordance with this Act.
[...]
9. Granting or refusal of consent
(1) In deciding whether to grant or refuse consent in respect of a controlled transaction, a land control board shall— [...]
(c) refuse consent in any case in which the land or share is to be disposed of by way of sale, transfer, lease, exchange or partition to a person who is not—
(i)	a citizen of Kenya; or
(ii)	a private company or co-operative society all of whose members are citizens of Kenya; or
(iii)	group representatives incorporated under the Land (Group Representatives) Act (Cap. 287); or
(iv)	a state corporation within the meaning of the State Corporations Act (Cap. 446).[...]" (Land Control Act No. 34 of 1967, as amended)
Land Control Act No. 34 of 1967, as amended
[<a href="http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20302">Law</a>]