Foreigners seeking to acquire agricultural land in Kenya must obtain Land Control Board (LCB) consent. This is a legal requirement under the Land Control Act and applies even when property is acquired through a company or trust.
The LCB evaluates whether the transaction aligns with land use policies, national interest, and foreign investment laws. Applications are submitted through the local board covering the land’s jurisdiction. Consent may be denied where the land is considered strategic or falls under restricted zones.
BMA Advocates guides clients through LCB requirements, prepares submission documents, and engages with local boards to secure approvals. Where consent is denied, we assist with appeals or advise on lawful alternatives such as commercial leases or local partnerships.
FAQs- How We Help Foreigners Navigate Land Control Board Consent
What is Land Control Board (LCB) consent, and why is it important?
Land Control Board consent is official approval granted by a government-appointed board for certain land transactions in Kenya, such as buying, selling, leasing, or transferring agricultural land. Without it, such transactions are legally void.
Are foreigners allowed to own agricultural land in Kenya?
Under the Kenyan Constitution and the Land Control Act, non-citizens cannot own agricultural land directly unless they obtain presidential exemption or hold the land through special arrangements such as long-term leases or investment structures.
When is LCB consent required?
LCB consent is required before transferring, leasing, charging, or subdividing agricultural land, or before entering into a contract involving such land.
How does BMA Advocates assist foreigners with LCB applications?
We prepare all necessary documentation, advise on legal eligibility, represent clients before the Board, and liaise with relevant government offices to ensure compliance with Kenyan land laws.
Can foreigners apply for LCB consent without being physically present in Kenya?
Yes. With a properly executed Power of Attorney and certified identification documents, we can represent and process applications on behalf of our foreign clients.
What happens if I proceed without LCB consent?
Any transaction requiring LCB consent but done without approval is void under Kenyan law, meaning it has no legal effect and cannot be enforced.
How long does it take to get LCB consent?
Typically, the process takes 30–60 days, but timelines may vary depending on the county, completeness of documents, and complexity of the transaction.
Does LCB consent guarantee that I can acquire agricultural land as a foreigner?
No. Consent only confirms that the Board approves the transaction; it does not override constitutional restrictions on foreign ownership of agricultural land.
What supporting documents are needed for an LCB application?
Common requirements include a copy of the sale agreement, title deed, land search results, ID or passport, PIN certificate, and proof of compliance with relevant laws.
How does BMA Advocates ensure compliance with Kenyan land laws for foreigners?
We assess your case against constitutional provisions, the Land Control Act, and investment regulations, recommending compliant structures such as long-term leases, joint ventures, or investment entities.
Can LCB consent be appealed if declined
Yes. We help clients file appeals or make fresh applications with additional evidence to address the reasons for refusal.
What costs are involved in obtaining LCB consent?
Costs include official application fees, legal fees, and incidental expenses such as document preparation and authentication for foreign documents.
This article is for general informational purposes only and does not constitute legal advice. For tailored assistance, please consult BMA Advocates directly.
