The Land Control Act CAP. 302 — Sections and Provisions

Section 1 of The Land Control Act CAP. 302: Short title

This Act may be cited as the Land Control Act.

Section 2 of The Land Control Act CAP. 302: Interpretation

In this Act, unless the context otherwise requires— "agricultural land" means— (a) land that is not within— (i) a municipality or a township; or (ii) an area which was, on or at any time after the 1st July 1952, a township under the Townships Act (Cap. 133), 1948 (repealed); or (iii)an area which wa…

Section 3 of The Land Control Act CAP. 302: Application of control

The Cabinet Secretary may, by notice in the Gazette, apply this Act to any area, if he considers it expedient to do so.

Section 4 of The Land Control Act CAP. 302: Establishment of divisions

The Cabinet Secretary may, by notice in the Gazette, divide a land control area into two or more divisions, if he considers it expedient to do so.

Section 5 of The Land Control Act CAP. 302: Establishment of land control boards

(1) The Cabinet Secretary shall, by notice in the Gazette, establish a land control board for every land control area or, where it is divided into divisions, for each division. (2) The membership of a land control board shall be as provided in in the First Schedule of this Act.

Section 6 of The Land Control Act CAP. 302: Transactions affecting agricultural land

(1) Each of the following transactions, that is to say— (a) the sale, transfer, lease, mortgage, exchange, partition or other disposal of or dealing with any agricultural land which is situated within a land control area; (b) the division of any such agricultural land into two or more parcels to be…

Section 7 of The Land Control Act CAP. 302: Recovery of consideration

If any money or other valuable consideration has been paid in the course of a controlled transaction that becomes void under this Act, that money or consideration shall be recoverable as a debt by the person who paid it from the person to whom it was paid, but without prejudice to section 22 [Act No…

Section 8 of The Land Control Act CAP. 302: Application for consent

(1) An application for consent in respect of a controlled transaction shall be made in the prescribed form to the appropriate land control board within six months of the making of the agreement for the controlled transaction by any party thereto: Provided that the High Court may, notwithstanding tha…

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 stand…

Section 10 of The Land Control Act CAP. 302: Establishment of provincial land control appeals boards

(1) The Cabinet Secretary shall establish for each province which contains a land control area, in consultation with the Provincial Commissioner of that province, a provincial land control appeals board. (2) The membership of a provincial land control appeals board shall be as provided in paragraph…

Section 11 of The Land Control Act CAP. 302: Appeal to provincial land control appeals board

(1) Where a land control board refuses to grant consent in respect of a controlled transaction, the applicant may, within thirty days of the copy of the board’s decision being delivered or posted under section 16 (2) of this Act, appeal to the provincial land control appeals board for the province i…

Section 12 of The Land Control Act CAP. 302: Establishment of central land control appeals board

(1) There is hereby established a central land control appeals board. (2) The membership of the central land control appeals board shall be as provided in the First Schedule. ( 3) The Commissioner of Lands shall be the secretary of the Central land control appeals board, and shall attend and may spe…

Section 13 of The Land Control Act CAP. 302: Appeal to central land control appeals board

(1) Any person whose appeal has been dismissed by a provincial land control appeals board may, within thirty days of the copy of the board’s decision being delivered or posted under section 16 (2) of this Act, appeal to the central land control appeals board. (2) The central land control appeals boa…

Section 14 of The Land Control Act CAP. 302: Tenure of office of members of boards

An appointed member of a board shall hold office for such period as may be prescribed or, where no period is prescribed, for such period as may be specified in his appointment: Provided that a member’s appointment may be terminated at any time by the Cabinet Secretary, and a member may resign at any…

Section 15 of The Land Control Act CAP. 302: Procedure of boards

(1) If the Chairperson of a board is absent from a meeting of the board, the members present at the meeting shall elect one of their number to preside at that meeting. (2) The quorum of a meeting of a land control board or a provincial land control appeals board, where the total number of members of…

Section 16 of The Land Control Act CAP. 302: Decisions of boards

(1) Every decision of a board shall be given in writing in the prescribed manner and shall be signed by or on behalf of the Chairperson or other person presiding, and where consent is refused or an appeal is dismissed the reasons for the refusal or dismissal shall be stated in the decision. (2) A co…

Section 17 of The Land Control Act CAP. 302: Power to order attendance

(1) Where an application for consent or an appeal is before a board, the board may— (a) require the applicant or appellant or any person interested in or affected by the application to attend before it; (b) require the applicant or appellant to adduce evidence to its satisfaction as to the applicant…

Section 18 of The Land Control Act CAP. 302: Power to inspect land

Any member of a board and any person authorized in writing by a board may, at any reasonable time after giving at least forty-eight hours’ notice, and on production of his authority to any person reasonably requiring it, enter upon and inspect any land for the purpose of carrying out the functions o…

Section 19 of The Land Control Act CAP. 302: Form of appeal

An appeal under this Act shall be in writing and shall state separately each of the grounds of the appeal.

Section 20 of The Land Control Act CAP. 302: Registration of documents

(1) The registrar shall refuse to register an instrument effecting a controlled transaction unless he is satisfied that any consent required by this Act to be obtained in respect of the transaction has been given, or that no consent is required. (2) If the registrar contravenes subsection (1) of thi…

Section 21 of The Land Control Act CAP. 302: False statements

Any person who knowingly makes any false statement in an application or appeal under this Act, or who knowingly gives any false information to any person in connexion with the determination of an application or appeal under this Act, shall be guilty of an offence and liable to a fine not exceeding f…

Section 22 of The Land Control Act CAP. 302: Acts in furtherance of void transaction

Where a controlled transaction, or an agreement to be a party to a controlled transaction, is avoided by section 6 of this Act, and any person— (a) pays or receives any money; or (b) enters into or remains in possession of any land, in such circumstances as to give rise to a reasonable presumption t…

Section 23 of The Land Control Act CAP. 302: Prohibition of land transactions

The President may, by notice in the Gazette, prohibit any controlled transaction or any class of controlled transaction.

Section 24 of The Land Control Act CAP. 302: Exemptions

The President may, by notice in the Gazette, exempt— (a) any land or share, or any class of land or share; or (b) any controlled transaction, or any class of controlled transaction; or (c) any person in respect of controlled transactions or some class of controlled transaction, from all or any of th…

Section 25 of The Land Control Act CAP. 302: Regulations

(1) The Cabinet Secretary may make regulations for prescribing anything which may be prescribed under this Act, and generally for carrying into effect the purposes and provisions of this Act. (2) Without prejudice to the generality of subsection (1) of this section, regulations may prescribe— (a) th…

Section 26 of The Land Control Act CAP. 302: Saving of Applications under LN 457 of 1963

Any application for consent duly made under regulation 10 or regulation 11 of the Kenya (Land Control) (Transitional Provisions) Regulations 1963 which immediately before the commencement of this Act has not been finally determined under those Regulations shall be deemed to be an application duly ma…

Section 27 of The Land Control Act CAP. 302: [Spent]

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