Out With The Old! – Lets Converse Conversion

Transitional provisions under the Ministry of Lands remain despite protest on the general impact on transactions and the economy. In the previous regime, Title Deeds were registered under several different Acts of Parliament, including the Registered Land Act, the Registration of Titles Act, the Land Titles Act and the Government Lands Act. The above statutes have since been repealed and the Ministry of Land and Physical Planning has embarked on the process of registration of these Titles under the newly enacted Land Registration Act, 2012.

However, land registries in Kenya have continued to operate under the transitional provisions of the Land Registration Act including issuing titles under statutes that were repealed by the same Land Registration Act. This, together with the titles issued before the enactment of the new statutes, is what prompted the conversion of titles. Land registries are now seeking to have all titles registered under the new statutes, and the process has begun with properties located in Nairobi.

Status currently;

Subsequently, the Cabinet Secretary, Ministry of Lands and Physical Planning vide Gazette Notice 11240 of 25th October, 2021 Vol 216 listed all titles within Nairobi that are not only matured but also ready for conversion. The Cabinet Secretary thereafter issued an Internal Memo on 16^th May, 2022 directing all the Registrars to close the manual old registers and all dealings to be done on the new registers under the Ardhisasa Online Platform.

The process of conversion of titles can be summarized as follows:

1. The land survey office will prepare the cadastral maps for parcels of land within each land registration unit registration section/block together with a conversion list indicating new and old numbers and their corresponding acreage.
2. The cadastral maps and a conversion list will be published in the Kenya Gazette and two daily newspapers specifying the date after which the register shall be open to the public for dealings within the registration unit. Any person with an interest in land in a registration unit shall be able to lodge a complaint to the registrar who shall resolve the complaint within 90 days of receipt.

• All the registers shall then be closed at the commencement date and all transactions carried out in the new register. All the closed registers and supporting documents shall be maintained in the new registration unit.

1. A notice will be published in 2 nationwide newspapers inviting registered proprietors to apply for replacement of title documents from the closed registers.
2. The registered owners of the Property will need to register themselves under the new Ministry of Lands Online Portal known as Ardhisasa.
3. An application for replacement will need to be made to replace the old Title with a new Title through an Advocate; and

• The registered owner will need to avail the Original Title documents together with copies of the identification documents.

You will note that for one to deal in a property listed for conversion, be it transfer, charge, discharge or any other land related action, the Property has to be uploaded onto the Ardhi Sasa platform. As communicated, the process of conversion is being carried out in phases, beginning with Nairobi County. We do advise that you remain vigilant on the various gazette notice and circulars from the Ministry of Lands and Physical Planning on listed parcels of Land.