In the first part, we dove into Land Control Boards (LCB), their purpose, why they exist and some of the tasks they perform. Today, we continue our exploration by focusing on the critical steps in engaging them legally and ethically. Whether you seek permission for land subdivision, amalgamation, transfer, or other transactions, adhering to the proper procedures and processes is essential.
1. Filling out the Application Form
The first and most crucial step to obtaining permission from the land control board is to fill in an application form. This standardised form outlines the details of the proposed transaction and is usually provided by your lawyer, who will ensure all the necessary particulars are filled correctly. You and the land seller or the relevant party must sign the form before submitting it for consideration.
It is essential to note that land boards typically require applications to be submitted at least seven business days in advance of the board hearing. Adherence to this timeline might result in delays, pushing your application to the next scheduled meeting.
2. Paying the Land Control Board Hearing Fee
Once the application form is ready, the next step is to pay the Land Control Board hearing fee. This fee is usually a nominal amount, approximately one thousand shillings. Paying this fee to the appropriate entity, typically the Ministry of Lands cashier’s office in the relevant county, is crucial. Upon payment, you will receive a formal receipt and its duplicate, which should be attached to your application form before submitting it to the board secretary.
3: Presenting Yourself to the Land Control Board
Once your application is processed, you will be scheduled for a meeting with the Land Control Board. During this meeting, you will have the opportunity to present your case and seek their approval. If all goes well and they agree to your proposal, you will receive a consent letter within a few days, permitting you to proceed with your intended transaction.
Most LCB meetings require that the owner(s) of the property be present; some require both the owner and buyer to be present for the hearing, and others allow the parties to send a representative with a signed appointment letter. Each County is different, so as you book, get this information to know who must be present when the day comes.
Engaging with land control boards in Kenya should always be done legally and ethically. By following the proper procedures, submitting all required documents, and adhering to the scheduled board hearings, you can ensure a smooth and legitimate land transaction, keeping a neat document trail. Avoid shortcuts and unlawful practices, which may lead to significant problems, should an audit be required. An audit can have severe consequences, including revoking land ownership and title deeds in cases where the document trail has significant gaps. Remember, investing in land is a substantial financial endeavour, and protecting your investment through lawful means is essential.