Thursday, October 5, 2023 – Kenyans will need to seek approval from the government to sell their agricultural land if the Land Control Bill of 2023, is passed into law.
The Bill, sponsored by Funyula ODM MP Wilberforce Oundo, proposes the establishment of Land Control Committees to be appointed by the Chief Land Register and will be based in every constituency.
The Bill describes agricultural land as an area not designated as a city or urban area under the Urban Areas and Cities Act, of 2011.
“The Lands Committee shall review and grant consent to any sale, charge, transfer, grant, exchange for value or no value, lease, assignment, grant of easement or right of way in relation to agricultural land,” the Bill, which is currently in the first reading stage reads.
Notably, the Committee will also have powers to review and grant consent for any combination or subdivision of agricultural land.
“Unless with the express consent of a Land Control Committee, any transaction affecting agricultural land situated within a land control area shall be void,” the Bill reads.
Inherited land or land bequeathed through a will not be subject to approval by the Land Control Committee.
The Committee will though review such transactions if the land is to be divided into two or more parcels to be held under separate titles.
Similarly, transactions involving National and/or County Governments as a party will not be subject to review by the Land Control Committee.
Additionally, the Cabinet Secretary for Lands will have the power to declare through a Gazette notice, a piece of land in an urban or city area as agricultural land.
Land transactions where the National or County Governments are an interested party will not be subject to review by the Committee.
Similarly, the Committees will not be involved in cases where a Settlement Fund Trustee is a party.
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