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Legal Update on Conversion of Title

In a notice dated 26th July 2022, the Ministry of Lands and Physical Planning (‘Ministry’) notified the public of the change of the transition date for various parcels of land within the Nairobi Registration Unit. The following conversions notices have so far been published.

Item Gazette Notice Date of Transition to New Register under the Land Registration Act, 2012
1. 8632 of 2021 13th December 2021
2. 9858 of 2021 30th December 2021
3. 10443 of 2021 10th January 2022
4. 10444 of 2021 24th January 2022
5. 11240 of 2021 14th February 2022
6. 12166 of 2021 28th February 2022
7. 13597 of 2021 30th March 2022
8. 1402 of 2022 24th May 2022
9. 1838 of 2022 30th May 2022
10. 2528 of 2022 15th June 2022
11. 3383 of 2022 27th June 2022
12. 4493 of 2022 22nd July 2022
13. 5743 of 2022 22nd August 2022
14. 7006 of 2022 19th September 2022

With respect to Gazette Notices Nos. 1-12 above, the Ministry has indicated that the new transition date would be 26th July 2022. Further, registered proprietors of said parcels of land have been advised to make an application to the Land Registrar in Form LRA 97 set out in the Second Schedule to the Land Registration (Registration Units) Order 2017 for replacement of title documents issued under the closed registers. This application is to be made digitally through the Ardhisasa Platfor.

Making the application for replacement title:

A registered proprietor will proceed to initiate the application process, on the Ardhisasa Platform using their account. It is important to note that the property need not first be linked to your Ardhisasa account. Once the application has been submitted, it will undergo verification by the Ministry to confirm that the property is affected by the conversion notices and that the initiator is the registered proprietor. Upon verification, the registered proprietor will be notified by the Ministry to book an appointment for the surrender of the old title.

Following surrender of the title, the Ministry will update the system noting that the surrender has been done and thereafter, a registered proprietor will be able to track the process of title replacement. Once this process is complete, the registered proprietor will be issued with new title documents at the Ministry’s offices. The registered proprietor may nominate an agent to collect the title documents on their behalf by providing the details of the authorized agent on Ardhisasa.

Chargee’s consent on charged property.

It is noteworthy that no transactions may be initiated or continued with respect to affected parcels of land until new title documents have been issued. Additionally, where an application is lodged with respect to charged land, the consent of the Chargee (lender) must first be obtained and lodged together with the application for replacement title. The Chargee will execute the consent forms which are available on the Ministry’s website as well as a partial discharge of charge and the same will be uploaded onto Ardhisasa.

We remain willing to assist with the conversion process and will keep you updated on the same.

 

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