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

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Land Control Act, also known as the Land Act is an Act of Parliament enacted to provide for controlling transactions in agricultural land.

The ACT describes agricultural land as land that is;

-          Not within a municipality or a township;

-          An area which was, on or at any time after the 1st July 1952, a township under the Townships Act (Cap. 133, 1948 now repealed);

-          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was, on or at any time after the 1st July 1952, a trading centre under the Trading Centres Act (Cap. 278, 1948 now repealed);

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-          A market;

-          Land in the Nairobi Area or in any municipality, township or urban centre that is declared by the Minister, 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 nonagricultural purpose

Transactions affecting agricultural land

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.

Transactions affecting agricultural land, however, does not apply to— (a) the transmission of land by virtue of the will or intestacy of a deceased person, unless that transmission would result in the division of the land into two or more parcels to be held under separate titles; or

(b) A transaction to which the Government or the Settlement Fund Trustees or (in respect of Trust land) a county council is a party.

Application for consent

An application for consent in respect of a controlled transaction shall be made in the prescribed form to the appropriate land control board within six months of the making of the agreement for the controlled transaction by any party.

The application can be made provided that the High Court may, notwithstanding that the period of six months may have expired, extend that period where it considers that there is sufficient reason so to do, upon such conditions, if any, as it may think fit.

The land control board shall either give or refuse its consent to the controlled transaction and, subject to any right of appeal conferred by this Act, its decision shall be final and conclusive and shall not be questioned in any court.


An application shall be deemed to be made when it is delivered to the authority prescribed in the manner prescribed.

However, an application for consent in relation to an agricultural land shall be valid notwithstanding that the agreement for the controlled transaction is reduced to writing, or drawn up in the form of a legal document, only after the application has been made.

Before buying land for agricultural use, or for any other use for that matter, always check on its zoning to avoid running into inconveniences with your development plan.

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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