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April 23, 2018

LSK asks court to stop Lands ministry from digitising title deeds

Lands CS Farida Karoney (right) chats with Senate Committee on lands Vice Chairperson Victor Prengei and Taita Senator Jones Mwarume during a meeting at a Mombasa hotel, April 12, 2018. /JOHN CHESOLI
Lands CS Farida Karoney (right) chats with Senate Committee on lands Vice Chairperson Victor Prengei and Taita Senator Jones Mwarume during a meeting at a Mombasa hotel, April 12, 2018. /JOHN CHESOLI

The Law Society of Kenya has moved to the High Court to stop the digitisation of title deeds and other documents at the Ministry of Lands.

In a petition filed at Milimani Law Courts on Tuesday, LSK asks the court for an injunction barring the ministry from implementing or mandating electronic filing of conveyancing documents.

It also wants CS Farida Karoney ordered to establish a task force comprising all stakeholders affected by the electronic registration and conveyance system.

The team should be mandated with creating guidelines for the implementation of the electronic registration within two months, the society says.

Related: Digitisation of land records slow but sure - CS Karoney

LSK says it is concerned that the notice issued by the ministry has, with effect, discontinued manual transactions at both the Nairobi and Central registries.

"The land registration regulations which set up the legal framework for electronic conveyance are pending before Parliament in accordance with the requirements of Statutory Instruments Act," it notes.

“The CS and PS, in implementing the notice, are acting prematurely and without the necessary legal and regulatory framework, and the input and advise of the National Land Commission."

The society adds that there was no public participation as required by law.

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