LLB Research Projects (2019)

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Browsing LLB Research Projects (2019) by Subject "Agricultural land_Kenya"

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    The Legal consequences of failure to obtain consent of the Land Control Board in agricultural land in Kenya
    (Strathmore University, 2019) Sifuna, Stephanie Namalelo
    The courts in Kenya have had a myriad of opportunities to interpret salient legal issues arising from the application of the Land Control Act (Cap 302 of the Laws of Kenya) and in particular section 6( 1 ). It has been the subject of many legal disputes owing to the fact that many dealing in agricultural land have negligently, ignorantly or otherwise failed to seek the consent of the Land Control Board and, therefore, rendered their transaction void for all purposes. 1 When such disputes are brought to court some Judges have tried to circumvent the provisions of the Act whereas others have helplessly refrained from any bold attempts to bypass the provisions of this Act. 2 This study investigated the adequacy of the laws that address the legal consequences of failure to obtain consent and analyzed different approaches taken by the courts in reaching a decision regarding section 6 (1) of the Act. The study took a legal approach in examining the theoretical framework on the freedom to contract and the requirement of consent of transactions in agricultural lands. Through the review of court decisions, the study was able to bring out the inconsistency and ambiguity in the approaches taken by the courts in interpreting section 6( 1 ). The study recommends that: consent should be amended by deleting the word void and replacing it with the word voidable and compensation for improvements on the land should be available. In the end, the study makes the finding that the law does not adequately address the consequences of failure to obtain consent of the Land Control Board.