Mandatory Land Title Conversion
On 31st December 2020, the conversion of various land titles was announced via a special issue gazette (the Notification of Conversion or the Notice).(Click on this link to access the Notice).
Mandatory Conversion of Titles
The Notification of Conversion was published in consonance with regulation 4 (4) of the Land Registration (Registration Units) Order, 2017 (the Order). As we write this alert, the process of converting land titles which had been issued under previous land regimes to one regime under the Land Registration Act (No. 3 of 2012) (the Land Registration Act) has commenced. The Order empowers the Cabinet Secretary for Lands and Physical Planning to create new registration units of land.
The land title conversion process aims to migrate all land titles under the ambit of the Land Registration Act as per Article 68 of the Constitution of Kenya, 2010. The process of conversion will be carried out in phases. Currently, a pilot programme of the conversion is underway in Nairobi with various parcels of land marked for conversion by the Registrar of Lands.
Landowners whose parcels of land have been identified in the Notice are advised to inspect the conversion list and the cadastral maps prior to 1st April 2021 to ensure that the acreage of their land stated in the conversion list is correct and that it corresponds to the area set out in their current title documents. From our experience, we have seen some clients commenting that their converted land titles show a different acreage than initially captured in the previous land titles. It is therefore of crucial importance for all land owners to inspect the cadastral lists and maps in accordance with the Notice.
Landowners Recourse if Details are Incorrect
If any detail contained in the conversion list or cadastral maps as contained in the Notice is incorrect, landowners should lodge a complaint within ninety (90) days from the date of publication of the Notice with the Registrar of Lands, at the Registrar help desk, or apply to the Registrar of Lands for the registration of a caution against the affected land title pending clarification or resolution of any complaint before 1st April 2021. In order to lodge a complaint, a landowner will be required to attach certified copies of the title, the national identity card, Kenya Revenue Authority PIN, and provide their contact details. A complaint number will be assigned to a complaint in order to facilitate further follow up and resolution.
Closing of Registers and Issuance of New Titles
All old land registers as per the Notice will be closed, and, thereafter, all land transactions will be carried out in the new register under the Land Registration Act as from 1st April 2021.
After the close of the register, if a land title is listed on the conversion list, the landowner will be invited to make an application to replace their old title and will be issued with a new title and new title number (It is unclear who will bear the cost if any). The application must be accompanied by the original title and the landowner’s identification documents. If a title is held by a third party as security, it will be replaced upon application by the proprietor.
If you require any assistance with conversion of your land titles, lodging of disputes relating to the conversion or any other land question or transactions generally, do not hesitate to contact Dennis W. Muhindi on dmuhindi@mwc.legal. Please note that this e-alert is meant for general information only and should not be relied on without seeking specific subject matter legal advice.
