Land Control Board consent in Kenya: when you need it

The Land Control Act (Cap. 302) regulates dealings in agricultural land in land control areas. Many buyers only discover it after a sale has failed.

Which transactions need consent

Consent from the Land Control Board is required for, among others:

• sale, transfer, lease, mortgage or exchange of agricultural land,
• subdivision of agricultural land, and
• issue or transfer of shares in a private company that owns agricultural land.

The six-month rule

The parties must apply for consent within six months of making the agreement (the High Court can extend this in some circumstances). A controlled transaction without consent is void for all purposes. Courts have, however, sometimes protected buyers who paid and took possession, using doctrines like constructive trust — but that means litigation.

How to apply

1. Obtain the application form from the board office.
2. Both seller and buyer, and the seller’s spouse where applicable, attend the board meeting.
3. The board considers the application and issues a letter of consent.

Practical tips

• Put the consent requirement into your sale agreement, with a refund clause if consent is refused.
• Apply early; boards meet periodically.
• Confirm whether the land is in fact agricultural and in a land control area — urban plots are generally not.

This article is general information, not legal advice on your situation.

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