Title Conversion in Kenya: What You Need to Know

In January 2020, the Ministry of Lands and Physical Planning released a press statement notifying the public of the title conversion process and the need for landowners to ensure any title held under the repealed land registration laws are converted and aligned with the new registration regime under the Land Registration Act,2012. To date, very few landowners have applied for conversion of their titles, and this is largely attributed to a lack of awareness of the object of the conversion process.

The promulgation of the Constitution of Kenya, 2010, ushered in a shift in land policy in Kenya. Key amongst this was the provision of Article 68 which required parliament to revise, consolidate and rationalize land registration regimes under the repealed Indian transfer of property Act 1882, the Government Lands Act (Cap. 280), the Registration of Titles Act (Cap. 281), the land Title Act (Cap.282) and the registered Land Act (Cap.300).

Each of these legislations created its own register making land registration complex and creating confusion that resulted in increased incidences of fraud and land disputes, due to lack of uniformity and transparency.

The Land Registration Act was enacted in 2012, thereby repealing all other land registration statutes. This effectively unified the registration regime in Kenya under this statute.

The Conversion Process

The conversion process entails the following:

a)   Preparation of cadastral maps together with a conversion list indicating new and old numbers for parcels of land within a registration unit or registration section/ block and their corresponding acreages.

b)   Regulation 4(4) of the Land Registration (Registration Units) Order, 2017 requires publication of the cadastral maps together with a conversion list in the Kenya Gazette and in two daily newspapers. The notice shall specify a date to be the date after which the register shall be open to the public for transactions or dealings within the registration unit.

c)   Any person with an interest in land in the registration unit shall lodge a complaint to the registrar, who shall resolve the same within 90 days of receipt.

d)   At the commencement date, all registers shall be closed and all transactions carried out in the new register. All the closed registers and supporting documents shall be maintained in the new registration unit.

e)   A notice will be published in at least two newspapers of nationwide circulation and announced in radio stations of nationwide coverage, inviting registered owners to make applications for replacement of title documents from the closed registers. The application shall be accompanied by the original title and the owner’s identification documents. The registrar will replace the title deeds with new ones.

f)     The registrar shall retain the old title documents for records and safe custody.

The application process

The application process is as follows:

1)    The proprietor, whether a company or individual, should open an ArdhiSasa account to be issued with an ArdhiSasa ID number. In the case of a company, the company director must create an account for the purpose on behalf of the company.

2)    Initiation of an application for the replacement of the title by an Advocate of the High Court of Kenya on behalf of the landowner.

3)    Execution of the application digitally on ArdhiSasa platform by both the Advocate and the property owner on their ArdhiSasa account.

4)    Thereafter, the system will issue a ticket for an appointment to facilitate the physical surrender of the original title to the Lands office and follow up on the processing of the new title.

5)    Upon surrender of the original old title, the Land Registrar will cancel the previous title documents and retain them in safe custody prescribed under Order 9(5) of Land Registration (Registration Units) Order 2017. Thereafter, the land registrar will issue a new original title document reflecting the converted title number which will be in the format of NAIROBI/BLOCK/xxx (if the land is located within Nairobi).

6)    Upon issuance of a new land title document, the property will be listed in the "my properties section" of the landowner’s ArdhiSasa account. Only after the property has been listed may a property owner transact on the platform.

Today, you cannot transact in land if it is within a land registration unit where the properties have been converted unless you convert the title first. To check if your land title has been converted, you can verify this through various methods. First, you can check the official Ardhisasa platform for land searches, where you can look up your land details and check for any conversion notices. 

You can also look for gazette notices on the State Department for Lands and Physical Planning website or in local newspapers, which often list properties undergoing conversion. Additionally, you can conduct a land search at your nearest land registry by requesting a Land Search Form (form RL 26). 

Title conversion takes time, and landowners are encouraged to convert the titles as soon as the properties in their land registration unit are converted. In any case, converted titles offer a clear legal standing under the current land laws, enhance marketability, provide security and reduce the likelihood of disputes.

Contact us today to learn more about our services!

The writer of this article is Antony Mutisya – Executive Director, Laser Property Services