In Kenya, laws governing contracts to land are governed by the Land Act, 2012. Under this act, contracts to land refer to any agreement, whether written or oral, between two or more parties that relate to the transfer, lease, or mortgage of land or any interest therein.
The Land Act further stipulates that for any contract to land to be legally binding, it must comply with the provisions of the act. This means that the contract must be in writing, signed by all parties involved, and must clearly state the terms and conditions of the agreement.
One of the key provisions of the Land Act is the requirement for consent from relevant authorities before any transfer, lease or mortgage of land can take place. This means that individuals or entities seeking to enter into a contract to land must obtain consent from the National Land Commission (NLC) or the relevant County Government before the transaction can be deemed legal and binding.
In addition, contracts to land must also comply with the provisions of the Constitution of Kenya, which emphasizes the rights of individuals and communities to own, use, and manage land in a sustainable manner. This means that any contract to land must not violate the rights of others and must be in line with the principles of equity and fairness.
Furthermore, the Land Act imposes strict penalties for any fraudulent activity related to land transactions. Anyone who knowingly enters into a fraudulent contract to land or facilitates such a transaction risks criminal prosecution and may face hefty fines or imprisonment.
It is worth noting that the Land Act does not apply to contracts entered into before the act came into effect. However, such contracts must still comply with the provisions of the repealed laws, such as the Registration of Titles Act Cap 281 and the Land Registration Act Cap 300.
In conclusion, contracts to land in Kenya are governed by the Land Act, 2012, and must comply with its provisions as well as the Constitution of Kenya. Parties seeking to enter into a contract to land must obtain consent from relevant authorities, ensure that the contract is legal and equitable and avoid any fraudulent activity related to land transactions. Failure to comply with these laws may result in legal repercussions.
