What you need to know on Land Title Conversion under the Land Registration Act (No. 6 Of 2012) and the Land Registration (Registration Units) order, 2017

The Ministry of Lands and Physical Planning is undertaking a conversion process of land parcels
within the Nairobi Registration Unit for migration from the repealed statutes to the Land Registration Act, 2012. This complies with Section 6 of the Act and Regulations 4 to 9 of the Land Registration (Registration Units) Order, 2017.

On January 12, 2021, the Cabinet Secretary for Lands and Physical Planning Farida Karoney announced the start of the process. Conversion entails the process of migrating all parcels
from the repealed land registration statutes to a unitary regime under the Land Registration Act, 2012. This means that a title (if issued under the previous legal regimes) will be cancelled and replaced with a title under the current legal regime.

The conversion process will result in the replacement of old titles with new ones issued under the new regime while retaining the ownership, size and the other interests registered against the respective title.

The conversion of land parcels is an ongoing process implemented on a county by county basis beginning with Nairobi City County. This process shall run simultaneously with digitization and roll-out of the National Land Information Management System (NLIMS).

The land registration process will be centralized under one regime in accordance to the Constitution of
Kenya. Registry Index Maps (RIMs) will replace deed plans as registration instruments. All this will ensure uniformity of land ownership in Kenya and minimize fraud. However, services will be decentralized due to the migration of registers and files to respective County registries.

The process of conversion also entails
a) Preparation of cadastral maps and the conversion list indicating new and old numbers for parcels of land within a registration unit and their corresponding acreages.
b) Publication of the cadastral maps together with a conversion list
c) Lodgment and consideration of complaints
d) Closure of old registers and commencement of transactions in the new register
e) Application for replacement of title documents from the old registers. Complaints Redress

Any person who is aggrieved by the process or information on the notices issued is advised to lodge a complaint with the Registrar by completing relevant forms LRA 96 set out in the Second Schedule to the Land Registration (Registration Units) Order, What you need to know on Land Title Conversion under the Land Registration Act (No. 6 Of 2012) and the Land Registration (Registration Units) order, 2017 2017 or LRA 67 set out in the Sixth Schedule to the Land Registration
(General) Regulations, 2017. The Forms can be accessed from the complaints desk or downloaded from the Ministry of Lands website.

The Registrar is obligated by law to resolve all complaints within ninety (90) days of receiving any such
complaint(s).

The Registry Index Maps (RIM) are accessible to land owners for verification of boundary details at
the Survey of Kenya Headquarters, Ruaraka, on request. The general public is notified to be on the look out for further Gazette Notices as we continue with the conversion process.

 

This article was written by Advocate Apollo Mbuya

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