Unraveling The Ongoing Conversion Of Land Titles And Migration Of Land Registers In Kenya (part 2):

Conversion refers to the process of changing the title numbers issued under the various repealed land registration statutes to a unitary regime.  A landowner in possession of a title issued under any of the old legal regimes i.e. (the Government Land’s Act, the Registration of Titles Act, the Land Titles Act and the Registered Land Act), is required to make an application for replacement of the said title, surrender the old title to the land registrar upon which they will be issued with a title document reflecting a new title number. Failure to, a landowner will not be able to transact or undertake any dealings in the property.

What is the Process for Replacement of Titles? 

The process for the replacement of land titles is to be undertaken through the Ardhisasa platform. It is important to highlight that currently, only an Advocate of the High Court with a valid practicing certificate can undertake the process. 
The application involves the following steps:

What is the procedure for lodging complaints with the Land Registrar?

Any complaint in respect of the conversion list or the cadastral map is required to be submitted, in writing to the Lands Registrar in the prescribed form within ninety (90) days from the date of the Gazette Notice. 

The complaint is submitted in the prescribed form, LRA 96 accompanied by

• A copy of title;
• Nature of the complaint; and
• the grounds of the objection.
•  Copy of Identification documents and KRA PIN number; and
• The name, contact address and telephone number of the complainant.

A complaint number will then be assigned to a complaint in order to facilitate further follow-up and resolution. The law requires a Registrar to resolve the complaints submitted within ninety (90) days of their submission.

A complainant may apply to the Land Registrar for the registration of a caution or restriction pending the clarification or resolution of any complaint. Once the complaint is resolved, the Land Registrar will order the removal or variation of the caution or restriction. A person aggrieved by the decision of the Registrar can lodge an appeal in the Environmental and Land Court within 30 days.

Please Get in touch with us today for:

• Creation of an Ardhisasa account for both residents and foreigners;
• Undertaking the conversion process on your behalf;
• Comprehensive advisory with respect to the conversion process and any other land-related issues.