You need board approval to buy agricultural land

It is compulsory to obtain consent from the Land Control Board before undertaking transactions that affect agricultural land. The written permission is required for sale, transfer, mortgage, exchange or partition in areas with title deeds.

Many prospective property buyers do not understand when property lawyers say that they cannot register plots without consent of the board. According to the Land Control Act, the board should consist of a district commissioner or a district officer as chairman and two other public officers.

Others are two people nominated by the county council (now defunct) and between three and seven residents within the jurisdiction area of the board appointed by the Lands minister.

The application for consent to transact is made to the board in the area where the property is located within six months of agreement.

These boards, which are occasionally accused of being dens of corruption, can either issue or decline permission for the transaction and dissatisfied applicants can appeal to a Provincial Land Control Board within 30 days.

Moreover, appellants who are dissatisfied with the decision of the provincial board may further move to the Central Land Control Appeals Board. The central board comprises the Commissioner of Lands (Secretary) who is legally empowered to speak but not vote at meetings.

Final decision

The decisions of the central board are final and conclusive, and should not be questioned by any court. When deciding approvals, the board considers whether the grant or refusal of consent will improve the economic development of the property or maintenance of good husbandry.

In some cases, consent is refused when the terms and conditions of the transaction, including the price of land, are unfair or disadvantageous to either party. Other reasons for refusal in line with the Land Control Act include cases whereby division into two or more parcels may reduce productivity.

Consent to transfer can also be denied in instances where the sale, transfer, lease or partition is to a non-citizen, a private company or co-operative society whose members are not citizens.

Others are group representatives incorporated under the Land (Group Representatives) Act or a State corporation. The decisions of the board should be in writing and signed by either the chairman or member presiding.

In cases where consent to transact is denied or appeal dismissed, the reasons on the decision should be stated. Copies of the decisions should either be delivered or sent by post to the applicant and in case of an appeal, the board whose decision is appealed against.

In most cases, the board requires the applicant or appellant to appear before it and adduce evidence to its satisfaction to the identity of the applicant and ownership of the property. It may also require any person to produce any document or evidence relating to the land to be transacted.

The board may appoint one of its members to revisit and report on any property that an application relates to.

Interestingly, anyone who refuses to appear or produce a document before the board shall be guilty of an offence and liable to a fine not exceeding Sh500. According to the law, the Registrar of Lands should not register any transaction unless satisfied that the board has given consent.

It is also an offence to make false statements in an application for consent or appeal of a decision - offenders risk a fine not exceeding Sh5,000, imprisonment for a term not exceeding six months or both.

The law has also provisions that empower the president – by a gazette notice – to prohibit any controlled transaction.