What Is The Land Control Board Consent In Kenya?

What Is The Land Control Board Consent In Kenya?

The Land Control Board Consent Form in Kenya is a legal requirement for various land transactions, including selling, subdividing, or charging agricultural land.

This form is used to obtain the consent of the Land Control Board, which ensures that the proposed land transaction complies with the relevant regulations and helps prevent unsustainable land use.

To apply for the Land Control Board’s consent, individuals typically need to follow a specific process, which may include submitting the application form, paying application fees, providing payment receipts, obtaining Land Control Board approval, and acquiring a letter of consent.

An application for consent of the Land Control Board is a legal requirement for transactions involving agricultural land in Kenya, such as selling, subdividing, or charging the land. This process is meant to prevent the unsustainable use of land and is regulated by the Land Control Act (Cap. 302).

To apply for consent, you need to submit an application form in triplicate for each transaction to the appropriate office of the Commissioner of Lands.

The form requires the following information:

• Details of the present registered holder of interest, including full name in block letters, nationality, and address.
• Details of the proposed purchaser, transferee, mortgagee, chargee, allottee, etc., including full name in block letters, nationality, and address.
• Nature of the transaction (e.g., sale, gift, lease, mortgage, charge, etc.).
• Description of the land, including parcel number, area, and locality.
• Full description and approximate value of improvements on the land included in the consideration.
• Any other consideration passing between the parties.
• Proposed development program of the purchaser, including funds available thereof with approximate date.

Other agricultural land registered in the name of or held under contract for sale by the proposed purchaser, transferee, lessee, or allottee, or any member(s) of his immediate family, or any company in which he has an interest

In addition to the application form, you may need to provide other documents such as a copy of the title deed, a current search, spousal consent, copies of the ID and KRA PIN of both the seller and buyer, and executed application for consent forms.

If the transaction involves a company, a certificate of incorporation and a pin certificate may also be required

Once the application is submitted, it will be reviewed by the Land Control Board, which typically meets once or twice a month. Both the buyer and seller must be in attendance at the board meeting.

If the board approves the transaction, it will issue a letter of consent to the owner.

Please note that the application for consent should be made within six months of the making of the agreement for the controlled transaction. However, the High Court may extend this period if it considers that there is sufficient reason to do so.

Application for Consent of Land Control Board

Here is a detailed response on how to fill out the Application for Consent of Land Control Board form in Kenya:

How to Fill Out the Application for Consent of Land Control Board Form in Kenya

The Application for Consent of Land Control Board form is used to apply for consent from the Land Control Board (LCB) for transactions involving agricultural land in Kenya, such as sales, transfers, leases, mortgages, etc. Here are the steps to fill out the form correctly:

1. Provide Details of Current Landowner

• In section 1(a), write the full names of the current registered landowner in BLOCK LETTERS.
• In 1(b), specify their nationality.
• In 1(c), provide their current physical address.

2. Provide Details of Proposed Transferee

• In section 2(a), write the full names of the proposed purchaser, transferee, mortgagee, etc. in BLOCK LETTERS.
• In 2(b), if they are a limited liability company, provide names of directors, authorized and issued share capital, and principal shareholders. For a cooperative society, provide names of chairman, secretary, treasurer, and total number of members.
• In 2(c), specify their nationality and certificate number.
• In 2(d), provide their physical address.

3. Specify Nature of Transaction

• In section 3, state the type of transaction e.g. sale, gift, lease, mortgage, etc.
• If it’s a sale/allotment of shares, specify name of company, number and details of shares being transferred.

4. Indicate Term/Duration

• In section 4, specify the length of time the land will be transferred/leased for.
• For share sales/allotments, state authorized share capital and shares issued to date.

5. Provide Land Description

• In section 5, give the LR or parcel number, area, location, county, and council of the land.

6. Provide Transaction Details

• In 6(a), indicate purchase price, estimated land value (for gifts), loan amount and interest rate (for mortgages/charges).
• In 6(b), describe any improvements on the land and their values.
• In 6(c), mention any other consideration between parties.

7. Give Development Plans

• In section 7, outline proposed development plans of purchaser/lessee including available funds and timelines, and if they intend to reside on the land.

8. List Other Land Holdings

• In 8(a), provide details of any other agricultural land held by the transferee/family members/associated companies.
• In 8(b), give details of any agricultural land purchased/sold by transferee in last 3 years.

9. Provide Transferee’s Farming Experience

• In section 9, briefly describe the farming experience of the proposed transferee.

10. Sign and Date the Form

• All parties or their authorized agents should sign and date the form at the end, and attach additional signed sheets if needed.

The completed form in triplicate should be submitted to the LCB at least 10 days before their meeting. Relevant documents like title deed, search certificate, IDs, and spousal consent should also be attached.

What Is The Purpose Of The Land Control Board?

The Land Control Board (LCB) in Kenya is an oversight body established by the Ministry of Lands and Physical Planning office. Its primary responsibility is to regulate and monitor land transactions, particularly those related to agricultural land.

The LCB’s presence is crucial to safeguard the interests of communities as they oversee activities such as subdivision, fragmentation, transfer, and amalgamation, which can have profound implications for the local populace.

The Land Control Boards are typically chaired by the County Commissioners or their deputies, who are representatives of the Ministry of Lands in each county. They collaborate with officials from the planning or survey departments, as well as the National Land Commission (NLC).

Equally significant are the council of elders, respected individuals within the community where the LCB is located.

When purchasing or selling agricultural land, engagement with the Land Control Board is an integral part of the process if you intend to have a legal and ethically sound transaction. To ensure a secure investment, it is essential that the seller attends the LCB meeting to obtain consent to transfer to the seller.

The LCB also has the power to grant or deny consent to the controlled transactions of agricultural lands. They explain the rights and obligations associated with holding title to land by explaining in detail what the title deeds are all about as well as outlining the consequences that may come with them.

In considering whether to grant or refuse consent regarding dealings in agricultural land, the land control board is obliged under the Act to consider among other things whether the subdivision of the land in question would reduce the productivity of the land; the agricultural land already owned by the proposed transferee; the possibility of maintenance or improvement of standards of good husbandry.

The LCB also has the power to refuse consent in any case in which land is to be disposed of to a person who is not a citizen of Kenya or a private company all of whose members are citizens of Kenya. This in effect prohibits persons who are not Kenyan citizens from directly acquiring an interest in agricultural land

Here is a detailed response on the purpose of the land control board in Kenya:

Purpose of the Land Control Board in Kenya

The main purposes of the land control board in Kenya are:

• To regulate and monitor transactions involving agricultural land, especially sales, transfers, leases, mortgages, and subdivisions
• This is to prevent the fragmentation of agricultural land into uneconomical units.
• To control the acquisition of interests in agricultural land by non-citizens
• The land control board can deny consent for transactions where the proposed buyer is not a Kenyan citizen.
• To consider if the transaction will have negative effects for local communities’ dependent on the land, before granting consent
• To uphold principles of good land husbandry and ensure agricultural productivity of the land will be maintained or improved after the transaction
• To provide an oversight mechanism for the Ministry of Lands and Physical Planning in managing agricultural land transactions
• To settle land disputes referred to them through alternative dispute resolution, as per the Land Control Bill 2022
• To gather evidence and facts related to succession and court cases regarding agricultural land

Generally, the land control boards play a crucial role in regulating agricultural land transactions in Kenya in line with public policy goals, protecting community interests, maintaining productivity, and resolving disputes. Their consent is mandatory for the validity of any dealings with agricultural land.

Consequences of Not Obtaining Land Control Board Consent

• The transaction is rendered null and void as per Section 6(1) of the Land Control Act. This means it has no legal effect and cannot be enforced.
• The parties cannot sue each other for breach of contract or seek specific performance since the agreement itself is void.
• The purchaser does not acquire any legal interest or title in the land even if full payment was made and possession handed over.
• The purchaser can be evicted from the land as an illegal occupant since they have no legal rights.
• The seller remains the legal owner of the land and can re-sell or lease the land to another party.
• Any improvements or developments done on the land by the purchaser without consent cannot be recovered and are lost
• The purchase money paid can be recovered from the seller through a civil suit for money had and received.
• The transaction cannot be rectified later by applying for consent after it has occurred. Consent must be obtained beforehand.
• The land registrar cannot register any documents related to the void transaction like transfers or charges.
• Adverse possession may start running against the legal owner from date of void transaction

Failure to obtain land control board consent renders the transaction completely ineffective and unenforceable, and parties lose all rights under it. Consent is mandatory before dealing with agricultural land.

What Are the Consequences Of Not Obtaining A Land Control Board Consent?

Failure to obtain consent from the Land Control Board (LCB) in Kenya for transactions involving agricultural land can have significant legal consequences. Here are the main implications:

Void Transactions:

The most immediate consequence is that the transaction becomes void and unenforceable for all intents and purposes. This means that the transaction is treated as if it never happened, and the legal rights and obligations that would have resulted from the transaction do not exist

Legal Disputes:

The lack of LCB consent can lead to legal disputes. Many legal issues have arisen from the application of the Land Control Act, particularly section 6(1), which requires LCB consent for transactions involving agricultural land. These disputes often arise because parties have failed to seek the consent of the LCB, either negligently, ignorantly, or otherwise.

Eviction:

If a buyer occupies a property without obtaining LCB consent, they can be ordered to vacate the property. This can occur if the transaction is deemed null and void due to the absence of LCB consent

Recovery of Sums Exchanged:

If money has already exchanged hands in the transaction, it can be recoverable as a debt by way of a civil suit. An order may be issued for a refund

Inconsistency and Ambiguity in Court Decisions:

The courts in Kenya have had numerous opportunities to interpret legal issues arising from the application of the Land Control Act. However, there has been inconsistency and ambiguity in the approaches taken by the courts in interpreting section 6(1), which requires LCB consent

In conclusion, it is crucial to obtain consent from the Land Control Board for transactions involving agricultural land in Kenya. Failure to do so can lead to the transaction being voided, potential legal disputes, eviction, and the recovery of sums exchanged.

Therefore, it is advisable to seek legal advice and ensure all necessary consents are obtained before proceeding with such transactions.