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Introduction
The Land Control Act, Chapter 302 of the Laws of Kenya, commonly referred to as Cap 302, is a significant piece of legislation that governs the transactions involving agricultural land in Kenya. This Act was enacted to regulate dealings in agricultural land to ensure that such transactions are conducted in a manner that is beneficial to the economy and the community. The Act establishes Land Control Boards, which are responsible for granting or refusing consent for various transactions involving agricultural land.
Table of Contents
Purpose of the Land Control Act
Key Definitions
Establishment of Land Control Boards
Transactions Requiring Consent
Application for Consent
Grant or Refusal of Consent
Appeals
Offences and Penalties
Conclusion
1. Purpose of the Land Control Act
The primary purpose of the Land Control Act is to regulate transactions involving agricultural land to ensure that such dealings are in the best interest of the economy and the community. The Act aims to:
Prevent the fragmentation of agricultural land into uneconomical units.
Ensure that agricultural land is used productively.
Protect the rights of landowners and tenants.
Facilitate the orderly development of agricultural land.
2. Key Definitions
The Act provides several key definitions that are essential for understanding its provisions:
Agricultural Land: Land that is used or is capable of being used for agricultural purposes, including horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, the use of land as grazing land, meadow land, market gardens, and nursery grounds.
Land Control Board: A board established under the Act to control transactions involving agricultural land.
Transaction: Includes the sale, transfer, lease, mortgage, exchange, partition, or other disposal of or dealing with any agricultural land.
3. Establishment of Land Control Boards
The Act provides for the establishment of Land Control Boards in various areas of Kenya. These boards are responsible for granting or refusing consent for transactions involving agricultural land. The key features of the Land Control Boards include:
Composition: Each board consists of a chairman appointed by the President, the District Commissioner, and other members appointed by the Minister responsible for land matters.
Jurisdiction: Each board has jurisdiction over a specific area, usually corresponding to administrative districts.
4. Transactions Requiring Consent
Under the Act, certain transactions involving agricultural land require the consent of the Land Control Board. These transactions include:
Sale: The sale of agricultural land.
Transfer: The transfer of ownership of agricultural land.
Lease: The leasing of agricultural land for a period exceeding two years.
Mortgage: The mortgaging of agricultural land.
Exchange: The exchange of agricultural land.
Partition: The partitioning of agricultural land among co-owners.
5. Application for Consent
To obtain consent for a transaction involving agricultural land, the parties involved must submit an application to the relevant Land Control Board. The application process includes:
Submission: The application must be submitted in the prescribed form and within six months of the agreement for the transaction.
Details: The application must include details of the transaction, the parties involved, and the land in question.
Fee: A prescribed fee must be paid when submitting the application.
6. Grant or Refusal of Consent
The Land Control Board has the authority to grant or refuse consent for transactions involving agricultural land. The board's decision is based on several factors, including:
Economic Viability: Whether the transaction will result in the fragmentation of land into uneconomical units.
Productivity: Whether the transaction will enhance or reduce the productivity of the land.
Community Interest: Whether the transaction is in the best interest of the community.
If the board grants consent, the transaction can proceed. If the board refuses consent, the transaction is void.
7. Appeals
If a party is aggrieved by the decision of the Land Control Board, they have the right to appeal. The appeal process includes:
Provincial Land Control Appeals Board: The first level of appeal is to the Provincial Land Control Appeals Board.
Central Land Control Appeals Board: If the party is still aggrieved, they can appeal to the Central Land Control Appeals Board.
High Court: The final level of appeal is to the High Court of Kenya.
8. Offences and Penalties
The Act prescribes penalties for various offences related to transactions involving agricultural land. These offences include:
Unauthorized Transactions: Conducting a transaction involving agricultural land without the consent of the Land Control Board.
False Information: Providing false information in an application for consent.
Non-Compliance: Failing to comply with the conditions of the consent granted by the Land Control Board.
Penalties for these offences may include fines, imprisonment, or both.
Conclusion
The Land Control Act, Cap 302, is a crucial piece of legislation that regulates transactions involving agricultural land in Kenya. By establishing Land Control Boards and requiring their consent for certain transactions, the Act aims to ensure that agricultural land is used productively and in the best interest of the economy and the community. Understanding the provisions of this Act is essential for anyone involved in dealings with agricultural land in Kenya.
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