Kenya’s land registration system has historically been fragmented, governed by multiple laws and registers, leading to inefficiencies, legal uncertainties, and increased risk of fraud. The 2010 Constitution mandated the consolidation of land statutes, resulting in the repeal of outdated laws and the enactment of the Land Registration Act, 2012. The conversion of titles is a government-led initiative to migrate all land parcels from the old registration systems to a unified, secure, and digital system, streamlining land administration and enhancing security of tenure.
Background and Rationale for Conversion
Historically, Kenya operated under multiple land registration regimes, leading to inconsistencies and legal ambiguities. The conversion process was introduced to:
- Standardise land registration by creating a uniform system of identification for all land parcels.
- Enhance security by sieving out fraudulently acquired titles. Replacing deed plans with Registry Index Maps (RIMs) to minimise fraudulent activities.
- Improve efficiency through the National Land Information Management System (Ardhisasa), which consolidates all land records.
Legal Framework Governing Title Conversion
The conversion process is anchored in several key statutes and regulations:
- Land Registration Act, 2012: Establishes the new unified registration system.
- Land Act, 2012: Provides for the management and administration of land.
- Sectional Properties Act (2020): This act governs sectional property conversions and the conversion of long-term leases to sectional titles. You can read our article ‘Salient Sections of the Kenyan Sectional Property Act, 2020’ to understand the Act.
- National Land Commission Act, 2012: Guides land oversight and regulation.
- Survey (Electronic Cadastre Transactions) Regulations, 2020: Supports digitization and mapping.
- Land Registration (Units) General Order, 2017: It outlines the creation of registration units and details procedures for conversion.
- Physical and Land Use Planning Act: Governs land use and planning
The Conversion Process and Procedure
The conversion process involves several key steps:
- Preparation and Publication
- The Survey of Kenya prepares cadastral maps and conversion lists, showing old and new parcel numbers.
- The Cabinet Secretary, Ministry of Lands publishes these lists in the Kenya Gazette and two national newspapers, notifying the public of the impending closure of old registers and opening of new ones after 90 days
- Objection and Review Period
- Landowners or interested parties have 90 days to lodge any grievances using Form LRA 96 with the land registrar. If complaints arise, a caution is registered pending resolution.
- The Registrar reviews and resolves complaints within 90 days, with appeals permitted to the Environment and Land Court.
- Public Notice for replacement titles.
- After the 90 days, landowners are invited to apply for the replacement of titles. Applications are made via the Ministry of Lands or the Ardhisasa portal, typically through an advocate, and must include:
- Completed application form (FORM LRA 97)
- Original title deed
- Identification documents (ID/Passport)
- Proof of payment of prescribed fees (No fees are charged for conversion)
- After the 90 days, landowners are invited to apply for the replacement of titles. Applications are made via the Ministry of Lands or the Ardhisasa portal, typically through an advocate, and must include:
- Verification and Issuance
- The Land Registry verifies documents and may conduct site inspections.
- Upon approval, the old title is surrendered, and a new title deed (Certificate of Title LRA 20 or Certificate of Lease LRA) is issued within 21 days, reflecting the new registration details under the Land Registration Act, 2012
Special Cases of Title Conversion
- Lost Titles: Reconstruction under Section 33(5) of the LRA, involving gazette notices and verification.
- Succession: Heirs must present grants of probate or letters of administration to update registers.
- Court-Held Titles: Requires court orders for release, often involving advocates’ irrevocable undertakings.
- Sectional Properties: Must submit georeferenced sectional plans authenticated by the Director of Survey.
Challenges of the Conversion Process
- Delays: The digitisation and conversion processes have led to backlogs and delays in property transactions, especially in Nairobi.
- Third-Party Interests: Properties with existing court orders, cautions, bank securities, or long-term leases require additional consents, complicating the process.
- Public Awareness: Many landowners are unaware of the process or their obligations, leading to confusion, delay of compliance, and potential disputes.
- Balancing Registers: Ensuring all interests and encumbrances are accurately reflected in the new register can cause further delay.
- Technical issues: The Ardhisasa platform has constantly been experiencing technical problems, occasioning delays and backlogs.
Benefits of Title Conversion
- Enhanced Security: The new system reduces the risk of fraud and land disputes by providing secure, digital records.
- Unified System: All titles are managed under a single, modern legal framework, improving efficiency.
- Ease of Access: Digital records make land information more accessible to owners and authorities.
- Streamlined Transactions: The process simplifies land transfers, charges, and leases, supporting a more dynamic property market.
Frequently Asked Questions (FAQs)
Q: What is title conversion?
A: Title conversion is the process of migrating land titles from old registration systems to the new system established by the Land Registration Act, 2012.
Q: Is conversion mandatory?
A: Yes, all landowners whose properties are listed in Gazette Notices must convert their titles to remain compliant and facilitate future transactions.
Q: Is there a fee for title conversion?
A: No, the conversion process is free of charge, though third-party services (e.g., advocates) may charge.
Q: Will the size or ownership of my land change after conversion?
A: No, the conversion does not affect the size or ownership details of your land.
Q: What happens if I don’t convert my title?
A: Your title may become invalid, affecting transactions and ownership rights.
Q: Can I apply for conversion if my title is charged or under dispute?
A: Yes, but you may need to obtain consent from the chargee or resolve disputes before proceeding.
Q: How long does the process take?
A: The process varies but typically takes a few months, depending on objections and processing times.
Q: Can I convert a lost title?
A: Yes, via reconstruction under Section 33(5) of the LRA
How Njaga & Co Advocates Can Assist
Njaga & Co Advocates LLP is well-equipped to guide you through the title conversion process. Our services include:
- Conducting due diligence and title searches to verify ownership and encumbrances
- Preparing and submitting conversion applications via the Ardhisasa portal
- Advising on regulatory compliance and addressing third-party interests
- Handling objections, disputes, and liaising with the Land Registry
- Ensuring a smooth transition to the new system for both local and foreign clients
For expert and personalized legal assistance, contact us today to ensure a smooth and legally compliant title conversion process and other property matters.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for personalized legal guidance.
