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	The process of title conversion in Kenya is a critical exercise aimed at harmonizing land registration systems under the Land Registration Act, 2012. Following the promulgation of the Constitution of Kenya 2010, the Kenyan land regime underwent significant reforms to align with modern legal and administrative standards. The Land Act, 2012, and the Land Registration Act, 2012, repealed older statutes such as the Government Lands Act (Cap 280), the Registered Land Act (Cap 300), the Registration of Titles Act (Cap 281), the Land Titles Act, and the Registration of Documents Act. These older laws had distinct registration systems, leading to inconsistencies and vulnerabilities to fraud. Title conversion involves migrating titles issued under these repealed statutes to a unified regime under the Land Registration Act, 2012, to create a standardized and secure land registration system.
<h3 dir="ltr">Objectives of Title Conversion</h3>
a) Unified Registration System:
To harmonize multiple registration regimes into one under the Land Registration Act, 2012.
b) Fraud Prevention:
To minimize fraudulent transactions by adopting Registry Index Maps (RIMs) that capture a broader area of land parcels, reducing errors associated with isolated deed plans.
c) Efficiency:
To streamline land transactions and improve record-keeping through digital platforms like Ardhisasa.
d) Legal Compliance:
To align land titles with the Constitution of Kenya 2010 and the Land Registration Act, 2012.
e) Dispute Reduction:
To minimize boundary and ownership disputes through precise cadastral mapping.
<h3 dir="ltr">Legal Framework</h3>
The title conversion process is governed by:
i) Constitution of Kenya 2010: It mandates the revision and consolidation of land laws.
ii) Land Registration Act, 2012: It provides for a single statute registration regime and the use of cadastral maps.
iii) Land Registration (Registration Units) Order, 2017: It provides detailed procedures for preparing cadastral maps and conversion lists.
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The title conversion process involves several steps, primarily managed by the Ministry of Lands and Physical Planning through the Ardhisasa platform.
Below is a detailed outline of the process:
A. Preparation of Cadastral Maps and Conversion List:
- The Ministry of Lands, in collaboration with the Survey of Kenya, prepares cadastral maps to replace deed plans. These maps cover a wider area of land parcels within a registration unit.
- A conversion list is compiled, indicating old parcel numbers (e.g., Land Reference Numbers) and their corresponding new parcel numbers under the new regime.
B. Publication of Conversion List:
- The Cabinet Secretary for Lands and Physical Planning publishes the conversion list in the Kenya Gazette and at least two daily newspapers with nationwide circulation, as per Regulation 4(4) of the Land Registration (Registration Units) Order, 2017.
- The notice specifies the date when the land registry will be open for transactions under the new registration unit. For example, a significant notice was published on December 31, 2020, for Nairobi County.
C. Public Sensitization:
The Ministry conducts sensitization programs through media, press conferences, and the Ministry’s website (<a href="http://lands.go.ke">http://lands.go.ke</a>) to inform landowners about the conversion process. However, initial efforts faced criticism for limited public awareness, particularly after the 2020 Nairobi notice.
D. Lodging Complaints:
- Landowners have 90 days from the date of the Gazette notice to file complaints if they identify errors in the conversion list or cadastral maps.
- Complaints must be submitted in writing using Form LRA 96 (Second Schedule, Land Registration (Registration Units) Order, 2017) or Form LRA 67 (Sixth Schedule, Land Registration (General) Regulations, 2017).
- Required documents include certified copies of the title deed, national ID/passport, and KRA PIN. A complaint number is assigned for follow-up.
- The Land Registrar must resolve complaints within 90 days. If unresolved, a caution or restriction may be registered pending clarification.
E. Application for Replacement of Title:
- Landowners must apply for replacement titles through the Ardhisasa platform, typically with the assistance of an advocate with a valid practicing certificate.
- Required documents include:
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Form LRA 97 (application for replacement of title).
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Certified copies of the national ID/passport of the registered proprietor(s).
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Certified copies of certificate of registration/incorporation and IDs/passports of directors/partners for corporate entities.
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Consent from the chargee (if the land is charged) and partial discharge of the charge.
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The original title deed (to be surrendered).
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- The process is free of charge, as confirmed by the Ministry of Lands.
F. Verification and Issuance of New Title:
- The Land Registrar verifies the submitted documents and ensures compliance with the new regime.
- Upon approval, the old title is canceled, and a new title deed is issued under the Land Registration Act, 2012, reflecting the new parcel number.
The new title is supported by a Registry Index Map (RIM), which ensures accurate boundary delineation.
G. Appeal Process:
If a landowner is aggrieved by the Registrar’s decision, they can appeal to the High Court (or Environmental and Land Court) within 30 days.
<h3 dir="ltr">Challenges and Solutions</h3>
i) Delays:
The conversion process may experience delays due to verification or disputes.
Solution: Landowners should follow up regularly with the Land Registry and ensure all documents are complete.
ii) Lack of Awareness:
Initial notices, such as the 2020 Nairobi notice, faced criticism for limited public sensitization.
Solution: The Ministry has since improved communication through media and the Ardhisasa platform.
iii) Complex Cases:
Titles under succession, trust, or used as loan collateral require additional steps (e.g., consent from chargees).
Solution: Engage a qualified advocate to navigate these complexities.
<h3 dir="ltr">Benefits of Title Conversion</h3>
1. Legal Clarity: Converted titles comply with current laws, reducing disputes.
2. Marketability: Modern titles are more acceptable in real estate transactions.
3. Efficiency: Digital records on Ardhisasa improve access to land information.
4. Fraud Reduction: RIMs minimize boundary disputes and fraudulent transactions.
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