The Lands ministry has sought to allay fears the ongoing conversion of title deeds will distort details and change the ownership of land.
Cabinet Secretary Farida Karoney said on Monday the conversion process does not affect the ownership of property.
She said the current title deeds will be replaced with ones processed under the Land Registration Act, 2012 – which provides for registration of public, private and communal land.
Karoney, in a statement, said the old title will be cancelled and placed under safe custody by the registrar.
Landowners have until April 1 to ensure details captured about their land are correct.
Land registration has over years been governed by different legal provisions, a situation that made the process susceptible to fraud.
In the conversion, the ministry said the ownership, size, and any interests registered against an old title will not be affected.
The land registration process will be centralised under one regime in line with the Constitution.
“Registry Index Maps (RIMs) will replace deed plans as registration instruments,” the Lands ministry said.
The aim is to ensure uniformity of land ownership in Kenya and minimise fraud.
The ministry said the process starts with preparation of cadastral maps and the conversion list indicating new and old numbers for parcels within a registration unit, and their corresponding acreage. Cadastral maps are very detailed, indicating size, ownership and ownership changes, providing a continuous record.
After the maps are drawn, they will be published with a conversion list.
After this stage, landowners will have a chance to lodge complaints for consideration of the ministry.
Old registers will then be closed and all transactions will be under the new register.
Kenyans would then get a chance to apply for replacement of title documents from the old registers – free of charge.
A landowner will be required to present an application to the registrar and attach the original title deed and copies of their identification documents.
The Lands ministry had begun the conversion process in Nairobi county, which will be duplicated across the country.
So far, there have been two publications of the conversion lists and maps in the Kenya Gazette and national newspapers.
“The ministry is thus receiving and considering complaints for the published parcels," Karoney said.
She said the aim is to complete the migration process for the rest of the country by December 2022.
For complaints, a landowner will be required to write to the registrar stating the information contained in the conversion list and the cadastral maps.
The law requires a registrar to resolve the complaints submitted within 90 days.
A complainant can also apply to the registrar for listing as a caution pending the clarification or resolution of any complaint.
The ministry further clarified that boundaries will not be affected in the conversion since RIMs are generated from existing survey plans.
“The survey maps are available on request," Karoney said.
Those who have used their title deeds as security will be allowed to apply for a conversion at the very place where the title has been used.
Landowners will be required to liaise with third parties — banks, hospitals, courts — to facilitate the replacement.
(Edited by V. Graham)
