CONVERSION OF TITLES

CONVERSION OF TITLES

Introduction

With the Promulgation of the Constitution of Kenya 2010, the Kenyan Land Regime has undergone reforms over time to bring it into compliance with the new constitution and to seal the loopholes of the old system of registration of land. To this end, there were enacted the new Land Laws which comprised of the Land Act [Number 6 of 2012] and the Land Registration Act [Number 3 of 2012] which replaced the Government Land Act [Cap 280], Registered Land Act [Cap 300] and Registration of Titles Act [Cap 281]. The different regimes under the old system had their unique system of registration and issuance of titles.

The Land Act, 2012 and Land Registration Act, 2012 repealed the above statutes but did not lead to the immediate closure of the land registers associated with the repealed Statutes. To harmonize land records, the Ministry of Lands now requires that all titles under the repealed statutes be converted to align them with the new land laws which will in turn create uniformity to the registration system.

The conversion process not only seeks to align the registration system but is also being used to sieve out titles that were irregularly acquired and that had been registered under the old system. Upon conversion, all transactions with respect to the converted titles shall be carried out on the National Land Information Management System, otherwise known as ‘Ardhisasa’, which is a new platform whose aim is to consolidate all land information and enable citizens transact on their properties with ease.

Conversion of Land Parcels

• Title conversion aims to create a uniform system of identification of all land parcels as envisaged in the Land Registration Act.
• This is part of the procedure aimed at cancelling the Titles that were issued in the old regime, closure of the old register and opening of new registers.
• On 16^th May 2022, an internal notice was circulated by the Ministry of Lands communicating the closure of the old register and requiring for Titles to be converted prior to any transactions being done.
• The consequences being that proprietors are now barred from dealing with their properties until the successful conversion of the Titles.

Actions taken by the Ministry of Lands

• Preparation of the cadastral maps providing a list of the new and old parcel numbers;
• Publication of conversion lists in dailies;
• The gazette notices paved way for:

• Lodging of complaints within 90 days of publication. Proprietors are advised to peruse the conversion notices circulated and confirm that their property details have been properly captured, more so the acreage. If there is a discrepancy with this then an official complaint needs to the lodged by the Proprietor.
• Once the complaint has been lodged, the Proprietor has the option to register a caution or prompt the Registrar to register a restriction over the property pending the resolution of the complaint.
• Upon resolution of the complaint, the caution and restrictions are lifted and any aggrieved party can appeal the Registrars decision in court within thirty (30) Days.

Current Status

The old registers have been closed as communicated vide the Ministry of Lands notice dated 16^th May 2022.

Way forward

• Publication by the Registrar in two dailies and radio station announcements inviting applications for replacement of title deeds issued under the old registers;

• Applications for replacement are to be made in form LRA 97 and are to be accompanied by;

• Original title document to be replaced;
• Certified copies of National Identity Card/Passport of the registered Proprietor(s).
• Certified copies of certificate of registration/incorporation as well as copies of National Identity Cards/Passport of the directors/partners/officials of the registered Proprietor(s).

• For properties that are charged, the application is still to be made by the Proprietor. However, to safe guard the interests of the Financier, it is necessary that the Title be released to an empaneled advocate that will in turn proceed to prepare and lodge:

• Form LRA 97;
• Consent by Chargee for replacement of Title;
• Partial discharge of charge for replacement of Title; and
• Replacement charge

We shall be glad to assist with the conversion and give further guidance on the matter.

Ogana Loretta.

Karanja-Njenga Advocates

info@knjenga.co.ke

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