10. Land Control Bill, 2023

The Bill seeks to repeal and replace the current Land Control Act (Cap 302) to align it within the Constitution of Kenya 2010 and other applicable laws.

Quick Link: http://www.parliament.go.ke/sites/default/files/2023-08/THE%20LAND%20CONTROL%20BILL%2C%202023%20(2)-1.pdf

· Substantively, the Bill seeks to establish Land Control Committees in every constituency to replace the Land Control Boards. The Committees will review each proposed transaction/disposition affecting agricultural land and either approve it or disapprove. It also establishes the Land Control Appeals Committee to adjudicate appeals from the Committee within 30 days of their lodging.

· Given that a significant amount of land in prime areas including in the suburbs and outskirts of major urban centres comprises agricultural land, it follows that this law will impact on the availability of such land for housing. By seeking to limit subdivisions of such land for sale in order to ensure good security, there may be less land available for housing which will affect prices.

At the same time, the enforcement of the law may have the opposite effect of lowering prices since it will reduce purchase of huge tracts of land by real estate companies for speculation, subdivisions of such pieces of land and subsequent sale to individuals for putting up of houses.