mucho wrote:Interesting point you raise there @Elder. But what of Kruger of the Sergoit hill fame (farm !), is he not a foreigner and is the farm not on freehold ? if not, why is he holding a whole community in ransom ?
http://www.standardmedia...00041132&cid=4& If it is an Agricultural land then I don't see how he could have legally held it. Some foreigners would use nominees and companies to hold such land which is still illegal but they risk it anyway.
Section 9 (C) of the Land Control Act provides that:
Quote:9. (1) In deciding whether to grant or refuse consent in respect of a controlled transaction, a land control board shall-
.........
(c)refuse consent in any case in which the land or share is to be disposed of by way of sale, transfer, lease, exchange or partition to a person who is not -
(i) a citizen of Kenya; or
(ii) a private company or co-operative society all of whose members are citizens of Kenya; or (iii) group representatives incorporated under the Land (Group Representatives) Act; or
(iv) a state corporation within the meaning of the State Corporation Act.
Whether agricultural or not if the Sergoit Hill land is freehold (which I suspect it is) then under the new Consitution he cannot hold the land. Maybe that is why he is getting rid of it.
Article 65 of the Constitution provides that:
Quote:65. (1) A person who is not a citizen may hold land on the basis of leasehold tenure only, and any such lease, however granted, shall not exceed ninety-nine years.
(2) If a provision of any agreement, deed, conveyance or document of whatever nature purports to confer on a person who is not a citizen an interest in land greater than a ninety-nine year lease, the provision shall be regarded as conferring on the person a ninety-nine year leasehold interest, and no more.
(3) For purposes of this Article—
(a) a body corporate shall be regarded as a citizen only if the body corporate is wholly owned by one or more citizens; and
(b) property held in trust shall be regarded as being held by a citizen only if all of the beneficial interest of the trust is held by persons who are citizens.
(4) Parliament may enact legislation to make further provision for the operation of this Article.
I always find it interesting that there are several freehold property being offered for sale to foreigners. They should buy them at their own risk for if they successfully register them (this being Kenya and TKK being a way of life) one can always apply to void their ownership of such property as unconstitutional.
He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)