What is digitization of land records?

Land record digitization entails the construction of a Document Management System (DMS) for all approved physical development plans. Additionally, it necessitates creating a system for managing Land Titles records, which includes, among other digital operations, scanning, indexing, and archiving deed files and land rent cards. It entails a procedure whereby the landowner must submit an old title deed, and a new one will be processed with a new title deed number per digitized data. The topic "Conversion of title deeds" discusses this phenomenon, referred to as conversion of title deeds.

Why is digitization important?

The Land Registration Act of 2012 requires land registrars to keep land registers and documents relating to land in a secure, accessible, and reliable format, which includes electronic files. Ardhisasa, the National Land Information System, was launched in April 2021. Ardhisasa is a platform that allows previously manual land transactions to be completed online. Some of the services available on Ardhisasa include land registration, such as transfer and charge registration, land administration, such as payment of land rent, physical planning applications, valuation, survey, and mapping.

Benefits of digitization of land records

Ardhisasa intends to provide a long-term solution to land ownership issues in Kenya by providing an up-to-date and verified land records database. Digitization is also designed to eliminate historical land issues such as documentation loss, title duplication, record destruction, and missing documents. It aims to improve ownership security by requiring a landowner to approve all applications made in relation to any given property. Furthermore, it is expected to reduce the time and cost of land transactions.

The digitization of land records is critical to the government's efforts to make doing business in Kenya easier and to revolutionize land ownership. Once fully developed, it will contribute significantly to achieving the principles enshrined in the Constitution that land is held in an equitable, efficient, transparent, productive, and sustainable manner.

Challanges facing digitization of land records

1. Concerns have been expressed about the time required to complete the verification process, which has been lengthy and time-consuming, resulting in transaction delays.
2. Most property owners need to become more familiar with how the Ardhisasa platform operates.
3. The system still needs to be completely seamless in its operations; for example, it is currently impossible to carry out multiple dispositions simultaneously (e.g., a discharge, transfer, and charge), as was previously the practice under manual registration.
4. Ardhisasa makes it difficult for foreigners to create accounts because their information, unlike that of Kenyan citizens, is not stored in the Integrated Population Registration System (IPRS) and Business Registration Services (BRS) databases. Foreigners must first write a letter to the Ministry requesting that their accounts be established, which takes time.

CONVERSION OF TITLE DEEDS

What is conversion?

Conversion refers to transferring all land parcels from outdated land registration laws to the new Land Registration Act of 2012. The conversion ensures that land records are safe, reliable, and easily accessible. It entails cancelling titles from the previous administration and replacing them with titles from the new administration.

The conversion is still in progress, and we can help you obtain your new title through the Ardhisasa portal. Only an advocate with a validated advocate account on the ArdhiSasa portal may apply for this process. The owner will only need to set up a private account to be recognized as the property owner.

What does the process involve?

1. Application by an advocate through the Ardhisasa portal by providing the following information:

● Old parcel number

● New parcel number in the format NAIROBI/BLOCK XX/YYY

● Proprietorship details; Name and Identification number(s), i.e. ArdhiSasa ID and National ID

● Deceased Proprietor details (where applicable)

● Supporting documents (if any)(Accepted file formats: pdf, png & jpeg) (National ID or Passport)

● Copy of Title

● Marriage Certificate; in the case of jointly owned property

1. Gazettment: Following the application, the Ministry of Lands will gazette the application. Following the lapse of the ninety (90) day limit issued lapses, the ministry calls upon the parcel owners to initiate the surrender process through advocates by filling out the digitized form LRA 97.
2. Upon presentation of Form LRA 97 and the supporting documents, the Registrar shall, upon verification, issue the registered owner with the title within twenty-one (21) days. Following a successful conversion, the advocate will pick up the converted title document on behalf of the landowner after a notification is sent to the advocate. In exchange for the new physical ownership document, the advocate will present the old one.