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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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.
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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