Caution was needed in the countrywide disbanding of land boards

Ardhi House which is home to the Ministry of Lands, Housing and Urban Settlement. [PHOTO: FILE/STANDARD]

According to media reports, the Lands Cabinet Secretary has dissolved all land control boards countrywide. He has promised to reconstitute them within two weeks - this is going to be an uphill task within the specified time frame. This is informed by the numbers of new members to be appointed for land control areas within each sub-county in the 47 counties.

Reasons for dissolving the boards are that among many complaints, some members have overstayed in boards and are engaging in malpractices. The move to dissolve the boards may be in order to streamline and offer efficient service delivery in land transactions.

Wrong approach

But the mode of disbanding the old boards was not approached well. Creating new boards which involves selection, vetting and appointment will take quite a considerable time to be accomplished.

This will create a gap and will stall land transactions. It would have been wiser to dissolve the old boards once new ones had been created.

Dissolving these boards will also have ripple effects on various sectors in the country.

Land boards are the starting point for any dealing in land classified as agricultural. Thus land buying companies, financial institutions, individual investors and land professionals will feel the pinch, which might negate the positive economic and development growth in the real estate sector.

What the boards do

Land control boards are legal entities under the Land Control Act cap 302 Laws of Kenya.

The board comprises the sub-county commissioner as chair persons, not more than two other national government officials, where one of them acts as the secretary and two persons nominated by county government.

Also not less than three and not more than seven persons who are local residents are appointed to the board.

Half of the board members should be owners or occupiers of agricultural land within the land control area.

The board can either give or refuse its consent to a transaction.

The boards decision is guided by several factors among them; the economic development of land concerned, intended land use, nature of land and sufficiency of agricultural land. Also considered are the terms and conditions of transaction, particularly the prices if marked unfairly or disadvantageous to one of the parties.

The board’s decision to grant or refuse consent is final and conclusive and shall not be questioned in any court. This has made board members powerful, which has led some applicants to engage in malpractice with board members to influence issuance of consent.

Unknown to many, there is right of appeal conferred in the Act which a dissatisfied applicant can exploit.

First level of appeal is the regional land control appeals board. Final level of appeal is the central land control appeals board where the Lands Cabinet Secretary is chairman.

So, while appreciating reforms aimed at land control boards, it is prudent to minimise disruption in land service delivery.