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Circumstances Under Which Consent To Use Agricultural Land Can Be Denied – LAND ACT (PART TWO)

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Under the Land Act, powers to grant or deny consent to an individual wishing to utilize an agricultural land is vested on the Land Control Boards.

When deciding whether to grant or refuse consent in respect of a controlled transaction, a land control board shall have regard to the effect which the grant or refusal of consent is likely to have on the economic development of the land concerned or on the maintenance or improvement of standards of good husbandry within the land control area.

The board shall also act on the principle that consent ought generally to be refused where the person to whom the land is to be disposed of —

(a) Is unlikely to farm the land well or to develop it adequately; or

(b) Is unlikely to be able to use the land profitably for the intended purpose owing to its nature; or

(c) Already has sufficient agricultural land;

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Baoriat Agencies

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The person to whom the share is to be disposed of can also be denied a grant to use the land if—

(a)    already has sufficient shares in a private company or cooperative society owning agricultural land; or

(b)   would, by acquiring the share, be likely to bring about the transfer of the control of the company or society from one person to another and the transfer would be likely to lower the standards of good husbandry on the land.

The land control board can also deny the consent for agricultural land if the terms and conditions of the transaction (including the price to be paid) are markedly unfair or disadvantageous to one of the parties to the transaction.

Under circumstance is in an event where the case of the division of land into two or more parcels, the division would be likely to reduce the productivity of the land.

Other reasons for refusing consent is 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, 1968 (Cap. 287); or

(iv)              a state corporation within the meaning of the State Corporation Act, 1986 (Cap. 446).

Where an application for the consent of a land control board has been refused, then the agreement for a controlled transaction shall become void—

Also Read: LAND ACT: All You Need To Know About Laws Controlling Transactions in Agricultural Land (PART ONE)

(a) On the expiry of the time limited for appeal under section 11; or

(b) Where an appeal is entered under section 11 and dismissed, on the expiry of the time-limited for appeal under section 13; or

(c) Where a further appeal is entered under section 13 and dismissed, on that dismissal.

Baoriat Agencies is committed to helping you find the best place for you to settle in Eldoret town. We walk you through the entire process of acquiring your own property in Eldoret until it has been transferred into your hands.

To learn more about buying a property in Eldoret, 

Call 0721-554937

WhatsApp  https://wa.me/0721-554937  

Email evekibet@gmail.com or 

Visit us at  Juma Hajee Building room number 16, Eldoret town 

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