THE LAND CONTROL BILL, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Constituency-Level Land Control Committees Established
The Chief Land Registrar is mandated to establish a Land Control Committee in each constituency. The committee must comprise:
- A chairperson meeting university degree requirements;
- The Deputy County Commissioner (acting as secretary);
- A sub-county administrator;
- Two local elders aged 60 and above (one man and one woman);
- Two youth members with demonstrated experience in land law, surveying, land administration, or dispute resolution.
Spousal Consent and Cadastral Maps Mandated for Land Sales
Any controlled transaction involving agricultural land requires explicit committee consent. Applications must be made within six months of the agreement and must be accompanied by:
- A copy of the land transaction agreement;
- A cadastral map of the affected land;
- A certified copy of the title document;
- Written spousal consent to the transaction;
- Acreage details of land held by each party.
Strict Restrictions on Foreign Ownership of Agricultural Land
Committees must refuse consent for transactions—including sales, leases, transfers, or subdivisions—if the land is to be disposed of to:
- A person who is not a citizen of Kenya;
- A private company or co-operative society where any of the members are not Kenyan citizens;
- Group representatives registered under the Land (Group Representatives) Act.
Penalties and Fines Set at KSh 100,000
The bill introduces specific offences and penalties, including a fine not exceeding KSh 100,000, imprisonment for up to six months, or both, for:
- Knowingly making false statements in applications or appeals;
- Entering or remaining in possession of land under a transaction that is void due to lack of consent;
- Willfully refusing or neglecting to appear before a committee or produce requested documents.
Bill No.
No. 39 of 2023
Gazette No.
Supplement No. 124 of 2023
Sponsor
Wilberforce Oundo
Background
The Land Control Bill, 2023 seeks to repeal and replace the Land Control Act (Cap. 302) to align the regulation of transactions in agricultural land with the Constitution of Kenya 2010, the Environment and Land Court Act 2011, the Land Registration Act 2012, and the Land Act 2012.
Key Amendments
- Repeal of Cap. 302: Formally repeals the old Land Control Act.
- New Committee Structures: Establishes Land Control Committees in every constituency, replacing the former land control boards with a structured, qualified local membership.
- Establishment of Appeals Committees: Directs the Cabinet Secretary to set up Land Control Appeals Committees through a competitive process to handle disputes arising from local committee decisions.
New Obligations
- Compulsory Consent: Parties to controlled transactions must apply for consent in the prescribed form within six months of making their agreement.
- Productivity and Subsistence Checks: Committees must ensure the transaction will not leave the seller with inadequate land for housing, subsistence, or cultural practices (such as burials). They must also assess whether the buyer has the capacity to farm the land productively.
- Spousal Consent: Formally obligates any applicant to obtain and attach spousal consent prior to the transaction's approval.
- Public Notices: The secretary of a land control committee must publish a list of all applications at least 14 days before a review hearing at the constituency office, chief's office, and sub-county website.
Penalties
- False Declarations: Making false statements or providing false information during applications carries a fine of up to KSh 100,000, imprisonment for up to six months, or both.
- Void Transactions: Any transaction executed without the required consent is deemed void. Attempting to enforce, enter, or remain in possession under a void transaction is an offence carrying a fine of up to KSh 100,000, up to six months in prison, or both.
- Refusal of Summons: Failing to appear or produce documents when required by a committee carries a fine of up to KSh 100,000, up to six months in prison, or both.
Transitional Provisions
- Any consent or direction granted under the repealed Land Control Act (Cap. 302) remains valid under the new Act.
- Pending consent applications submitted under the repealed Act must be transferred to the newly established constituency Land Control Committees for review.
- Members of the existing land control boards will continue to serve until the new Land Control Committees are established under this Act.
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Updates will be visible here once they are approved and applied to this bill.