ADVOKS GLOBAL · KENYA
Land Act
158. Corrupt transactions
Edition: 2025-11-04 · In force
158. Corrupt transactions
(1)Nothing in this Act shall be taken or construed to validate, affirm, authenticate or give any legal effect to—(a)any grant of public land;(b)any issue of a certificate of ownership of land; or(c)any disposition, or any contract for any of the earlier mentioned transactions which was obtained or induced by corruption, on the part of any government official, county government official or employee of the Commission whether or not that government official, county government official or employee of the Commission was directly involved in that transaction.(2)Notwithstanding the provisions of any other written law, a transaction under subsection (1) shall be illegal from its inception and shall be void and of no legal effect.(3)For purposes of this section, a transaction shall be considered to be affected or tainted by corruption when either—(a)any party to or involved directly or indirectly in the transaction in respect of which it is alleged that an action was corrupt is convicted of corruption and all final appeals arising from that conviction have been concluded; or(b)any employee of the Commission or other public official is interdicted, or is retired in the public interest, from the position on the grounds that the person has been engaged in corrupt actions and that these actions involved that transaction; or(c)a court of competent jurisdiction so determines.(4)Any person occupying land obtained as a consequence of participating in any of the transactions under subsections (1) and (3) shall be liable to forfeit that land to the government without any entitlement to any compensation.(5)Notwithstanding that a transaction covered by this section is void, a person occupying land as a consequence of that transaction shall be obliged to comply with all the terms and conditions of the transaction as if it had been a valid transaction and shall be liable to all the remedies which may be applied to a person who fails to comply with the terms and conditions of a valid transaction in addition to any penalties which may be applied under this section.