Land Control Board Consent: Key Requirements and Process for Agricultural Land Deals
Transactions and dealings with agricultural land are primarily governed under the Land Control Act, Cap 302 and its subsidiary legislation. This is an Act of Parliament to provide for controlling transactions in Agricultural Land, it therefore imposes a mandatory condition of obtaining consent from the Land Control Board for a transaction in agricultural land to be valid.
I.What is Agricultural Land
Agricultural land is defined in the Act, as land that is not within a municipality or township. It also includes any land that the cabinet secretary my declare as agricultural land vide a gazettement, not unless the there is a condition in the title or a limitation by law preventing the land from being used for agricultural purposes, or a condition that explicitly provides that the land should be used for non-agricultural purposes.
II.Transactions that require Land Control Board Consent
The Act mentions the following transactions for which consent is required: sale, transfer, lease, mortgage, exchange, partition, division into two or more parcels to be held under separate titles, or any other form of disposal or dealing with agricultural land that is situated in a controlled area. Failure to obtain consent renders the transaction void.
III.Transactions that do not require Land Control Board Consent
Consent is however not required for transmission of land by way of succession, unless for purposes of transmission the land needs to be divided into parcels under separate distinct titles.
I.How to Apply for Land Control Board Consent
Consent is sought by way of application, which is made using the prescribed form provided under the schedule to the Land Control Regulations. The Application shall be made within 6 months of making the agreement.
II.Requirements for Application of Land Control Board Consent
- The Application shall be executed by both parties and shall be submitted in triplicate;
- a copy of the Identity Card of both parties,
- a copy in the KRA pin of both parties,
- proof of land ownership;
- in certain circumstances community consent; and
- payment of Ksh. 1,000.
VI.Considerations for Granting or Refusal of Land Control Board Consent
Upon receiving the application, the Land Control Board may either give consent, refuse to give consent or give consent subject to conditions, in the prescribed form under the schedule to the Land Control Regulations. In deciding whether to grant or refuse consent, the Land Control Board considers the following:
- effect grant or refusal will have on economic development of the land;
- effect the grant or refusal will have on the maintenance or improvement of standards of good husbandry;
- the terms and conditions of the transactions, and whether they are unfair or disadvantage one of the parties; and
- in case of division, whether it will reduce to productivity of the land.
VII.Refusal of to Grant Land Control Board Consent
The Land Control Board shall refuse to give consent if the person to whom the land is being disposed off to is not a Kenyan Citizen, or where the transfer is to a company its members are non-citizens.
VIII.Appealing the Decision of the land Control Board
If a party is dissatisfied with the decision, they may appeal to the Provincial Land Control Appeals Board, and make a second appeal to the Central Land Control Appeals Board. An appeal should be made within 30 days of receiving the decisions.
The judiciary has been very strict with the provisions of this act, and in many instances have held that the provisions are mandatory, it is therefore very imperative that parties seek consent of the Land Control Board when dealing with agricultural land, or else, the transaction will be rendered void.
If you need any further assistance, please contact us through Felicia Solomon at felicia@mmsadvocates.co.ke or Suhaila Noorani at suhaila@mmsadvocates.co.ke or through our office at mms@mmsadvocates.co.ke