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No Land Control Board consent: can you get your money back?

Land Control Act · sources read 3 Oct 2026

Yes. If a deal in agricultural land becomes void because the Land Control Board never consented, any money or other value you paid can be recovered as a debt from the person you paid it to. Consent must be applied for within 6 months of the agreement, though the High Court can extend that time.

Deadline
Apply for Land Control Board consent within 6 months of making the agreement.
Where
A court, to recover the money as a debt; the High Court, to extend the time for consent.
Read the law

Steps

  1. Ask the person you paid to refund you. If they refuse, you can claim the money in court as a debt.
  2. If both sides still want the deal, the High Court can extend the 6-month time to apply for consent where there is sufficient reason.

Watch out

  • Paying or receiving money, or moving onto or staying on the land, to carry on with a void deal is an offence (fine up to KSh 3,000, up to 3 months in jail, or both).
  • Inheriting land under a will or without one does not need consent, unless it splits the land into separate titles.

Who this covers

  • Anyone who paid money or other value in a controlled land deal that became void.
  • Covers sales, transfers, leases, mortgages and similar deals in agricultural land in a land control area.
Official sources (1)
  1. Land Control Act (Cap. 302) new.kenyalaw.org · read 3 Oct 2026

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