Section 9 of The Land Control Act CAP. 302: Granting or refusal of consent
(1) In deciding whether to grant or refuse consent in respect of a controlled transaction, a land control board shall—
(a) have regard to the effect which the grant or refusal of consent is likely to have on the economic development of the land concerned or on the maintenance or improvement of standards of good husbandry within the land control area;
(b) act on the principle that consent ought generally to be refused where—
(i) the person to whom the land is to be disposed of—
(A) is unlikely to farm the land well or to develop it adequately; or
(B) is unlikely to be able to use the land profitably for the intended purpose owing to its nature; or
(C) already has sufficient agricultural land; or
(ii) the person to whom the share is to be disposed of—
(A) already has sufficient shares in a private company or co- operative society owning agricultural land; or
(B) would, by acquiring the share, be likely to bring about the transfer of the control of the company or society from one person to another and the transfer would be likely to lower the standards of good husbandry on the land; or
(iii) the terms and conditions of the transaction (including the price to be paid) are markedly unfair or disadvantageous to one of the parties to the transaction; or
(iv) in the case of the division of land into two or more parcels, the division would be likely to reduce the productivity of the land;
(c) refuse consent in any case in which the land or share is to be disposed of by way of sale, transfer, lease, exchange or partition to a person who is not—
(i) a citizen of Kenya; or
(ii) a private company or co-operative society all of whose members are citizens of Kenya; or ); or
(iii)group representatives incorporated under the Land (Group Representatives) Act (Cap. 287
(iv) a state corporation within the meaning of the State Corporations Act (Cap. 446 ).
(2) Where an application for the consent of a land control board has been refused, then the agreement for a controlled transaction shall become void—
(a) on the expiry of the time limited for appeal under section 11 ; or
(b) where an appeal is entered under section 11 for appeal under section 13 ; or and dismissed, on the expiry of the time limited
(c) where a further appeal is entered under section 13 and dismissed, on that dismissal
[Act No. 36 of 1968 . s. 32, Act No. 13 of 1980 . , Sch., Act No. 22 of 1987 , Sch.]
(a) have regard to the effect which the grant or refusal of consent is likely to have on the economic development of the land concerned or on the maintenance or improvement of standards of good husbandry within the land control area;
(b) act on the principle that consent ought generally to be refused where—
(i) the person to whom the land is to be disposed of—
(A) is unlikely to farm the land well or to develop it adequately; or
(B) is unlikely to be able to use the land profitably for the intended purpose owing to its nature; or
(C) already has sufficient agricultural land; or
(ii) the person to whom the share is to be disposed of—
(A) already has sufficient shares in a private company or co- operative society owning agricultural land; or
(B) would, by acquiring the share, be likely to bring about the transfer of the control of the company or society from one person to another and the transfer would be likely to lower the standards of good husbandry on the land; or
(iii) the terms and conditions of the transaction (including the price to be paid) are markedly unfair or disadvantageous to one of the parties to the transaction; or
(iv) in the case of the division of land into two or more parcels, the division would be likely to reduce the productivity of the land;
(c) refuse consent in any case in which the land or share is to be disposed of by way of sale, transfer, lease, exchange or partition to a person who is not—
(i) a citizen of Kenya; or
(ii) a private company or co-operative society all of whose members are citizens of Kenya; or ); or
(iii)group representatives incorporated under the Land (Group Representatives) Act (Cap. 287
(iv) a state corporation within the meaning of the State Corporations Act (Cap. 446 ).
(2) Where an application for the consent of a land control board has been refused, then the agreement for a controlled transaction shall become void—
(a) on the expiry of the time limited for appeal under section 11 ; or
(b) where an appeal is entered under section 11 for appeal under section 13 ; or and dismissed, on the expiry of the time limited
(c) where a further appeal is entered under section 13 and dismissed, on that dismissal
[Act No. 36 of 1968 . s. 32, Act No. 13 of 1980 . , Sch., Act No. 22 of 1987 , Sch.]
Check the current authoritative text and amendment history before relying on this provision.