Land Control Board (LCB) Consents

In land transactions there will be need to get consent(s) from the land board at some point; perhaps consent for subdivision, transfer, sale etc.

Land Control Board (LCB) Consents with respect to transfer of land from owner(s) A/ Seller(s) to owner(s) B/ Purchaser(s).

Application:
There is a standard form that is used to apply to appear before the board. In most cases one must apply at least 10 days before the scheduled date.

Check with the respective county lands office. Most have a predetermined programme.
Meeting are mostly held at the county commissioner’s office.

Payment:
A fee of Kshs 1, 000/= is charged at the county’s lands office. A receipt is issued.

Required Documentation :
Accompanying documents needed for the application:
a. Details of the seller: ID and Tax pin
b. Details of the buyer. ID and Tax Pin

 If either party is a company then a resolution by the directors is also needed. The resolution will be for either to buy or sell land.
 For companies include certificate of incorporation and Pin Certificate
 Also needed is form CR12; This form mainly shows the directors of a company hence the persons with mandate to carry our transactions for a given company. It’s obtained from Sheria House.

c. Original land search document; at least 3 months current.
d. Copy of title deed.

e. Spousal consent: If a family person is involved in the transfer ( buying or selling) then the spouse must give written permission showing their willingness and cooperation to the intended sale/ purchase. The spouse must be present in the board meeting and must present valid identification documents; this is regardless of whether their name(s) appear on the land documents or not. ( Edited to add)


Who Applies For the LCB:
With respect to transfers the title holder (Owner) is tasked with the application. The purchaser or their agents have space to sign on the application indicating that they are in agreement of the information filled in the form.
The form is filled in triplicate.

The Board Meeting:
The board is made up of a panel of appointed persons and is headed by a Chairperson who in most cases is the DC or DO or their representative.
Required in the meeting is the seller and purchaser or their appointed agents.
The panel mainly checks to ensure that the transfer meets the stipulated conditions.
The Board enjoys a wide range of discretion and can decline the consent or give the same after hearing representations including any objections.
The considerations may include the possible difficulties that may be visited on those who depend on the land. If the purchaser has too much land the board can deny consent to purchase more.
If the seller has alternative land and the sale would not jeopardise the status of his family then they will grant consent.

Under section 9(1) of Land Control Act, the land control board is obliged 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.In addition, Land control boards are by law required to 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 either a citizen of Kenya, a corporative society or private company all of whose members are citizens of Kenya, a group representative incorporated under the Land (Group Representatives) Act or a state corporation

The absence of a LCB Consent in a transaction involving agricultural land; the transaction is deemed to be null and void and of no consequence; by virtue of the provisions of Section 22 of the Act.
The buyer can be ordered to vacate such property; however any sums that may have exchanged hands are recoverable as a debt by way of a civil suit and an order may issue for a refund.