ATTACHMENT DETAILS CONVERSION-OF-LAND-TITLES-IN-NAIROBI-COUNTY-2021
ATTACHMENT DETAILS CONVERSION-OF-LAND-TITLES-IN-NAIROBI-COUNTY-2021
Legal Update
NOTIFICATION OF CONVERSION OF LAND TITLES
WITHIN NAIROBI COUNTY, KENYA
Introduction
On 31st December 2020 vide Gazette Notice No. 11348, the Cabinet Secretary of the Ministry of Lands and Physical Planning notified the public of the intended conversion of land parcels within the Nairobi Registration Unit.
Accordingly, on 12th January 2020, the Cabinet Secretary issued a Press Statement outlining the background of the land titles conversion, the conversion process and what shall happen on conversion of titles.
What is the purpose of the conversion process?
• Conversion of land titles is intended to effect the process of migration of all land parcels to a unified land registration system under the Land Registration Act, 2012 as envisaged in Article 68 of the Constitution of Kenya.
• Before the enactment of the Land Registration Act 2012, the land registration system was characterized by registration of land titles under multiple statutes. This registration regime was complex and often lead to complex conveyancing practices, duplicity of titles and multiple boundary disputes.
• Therefore, the conversion process is intended to unify the land registration regime and ensure an efficient, secure and simple registration of land parcels in Kenya.
Which land parcels are affected by this conversion?
• The Gazette Notice No. 11348 sets out a list of old land reference numbers within Nairobi Registration unit intended to be converted and issued with new land parcel numbers along with their exact acreage.
• Please note that the notification of conversion is being done in phases and subsequent conversion lists will be published in due course providing land reference numbers within the Nairobi Registration unit not listed in the Gazette Notice.
• The Gazette Notice No. 11348 also provides a sketch of the geo-referenced and surveyed cadastral maps of land parcels situate within the Nairobi Registration Unit.
• The Cadastral maps may also be accessed by the landowners upon request at the Survey of Kenya headquarters, Ruaraka. Please note that, the ministry has so far developed cadastral maps for only 23 blocks out of the 141 blocks in the Nairobi Registration unit and the process shall be ongoing and is expected to be completed by the end of the year, 2021.
What do landowners need to do?
Verify their Land Parcel Details
The Cabinet Secretary invites any person with property within the Nairobi registration unit to verify their land parcel details as follows: –
• Identify their current land title numbers and take note of the converted parcel number in the conversion list;
• Verify the acreage number information set out in the conversion list and;
• Take note and if need be request to peruse the cadastral maps at the Survey of Kenya.
Lodge a Complaint on the Conversion List and Cadastral Map
Any person who may be aggrieved by the information in the conversion list or the cadastral maps has a right to file a complaint to the Registrar of Lands. The Complaint shall be made in writing to the Registrar and within ninety (90) days from the date of publication of the gazette notice (31st March 2021).
Such persons may also apply to the Registrar of Lands for the registration of a Caution on the land parcel pending the clarification or resolution of any complaint. Nonetheless, the Registrar may for purposes of preventing any fraud or improper dealing in the land, register a Restriction on a parcel of land to last until the complaint is resolved.
The Registrar shall then hear such complaints raised by the objectors and resolve the complaint. Any person aggrieved by the decision of the Registrar may, within thirty days, appeal to the Environment and Land Court.
Application for Replacement of title
The registered owners of parcels within the Nairobi registration unit shall be required on notice to make an application for replacement of the title documents. The title documents held by third parties such as banks, hospitals, courts etc. shall be replaced upon the application for replacement by the proprietor, further guidelines on the same will be issued in due course.
To undertake an application for replacement of title documents, the following documents are required: –
• The original title documents to be replaced
• The owner’s identification documents i.e. if an individual copies of the national identification cards/passport or if a company/business name the certificate of registration/ incorporation and copies of the director/proprietor’s national identity cards/passports.
What happens to the replaced title documents?
• On the replacement of the title documents issued, the Registrar of Lands shall cancel the previous title documents and retain the old titles for safe custody.
Please contact us on email via info@knjenga.co.ke or Phone numbers 0725452889/0736225432 for any clarification and assistance on the above.