Pursuant to the Conversion Manual issued by the Ministry of Lands, the public is advised that all titles are to be converted from the regimes under Repealed Acts and in accordance with the Land Registration Act.
In this article we seek to demystify the various titles and describe the process of conversion as provided by the Ministry of Lands.
1.0 Repealed Land
Registration Systems In Kenya And The Process Of Land Registration Under The
New Regime
Land law in
Kenya is characterized by various pieces of Legislation which still dictate the
processes in the issuance of title deeds.
Since colonialism, the process of registration and issuance of title has
been governed by multiple statutes. In
Kenya there are five land registration systems namely; the Registered Land Act
(RLA), the Registration of Titles Act (RTA), the Land Titles Act (LTA),
Registration of Documents Act (RDA) and the Government Lands Act (GLA) (which
have all been repealed) and the Land Registration Act.
These statutes
determined the type of document under which a particular parcel of Land was
registered. Under the Registration of Documents
Act (RDA), the Land Titles Act (LTA) and the Government Lands Act (GLA, the
registration system was that of documents or deeds while under the Registration
of Titles Act (RTA) and Registered Land Act (RLA), the registration system was
that of titles.
1.1 Registration
of Documents Act (RDA)
Enacted in 1902,
the Act essentially sought to create a register of documents. It provided for
both compulsory and optional registration. The Act made it obligatory to
register any document that purported to confer a right, title or interest in
immovable property. However, certain documents could be registered at the
option of the owner such as Building Plans, Wills, Powers of Attorneys and Deed
Polls.
1.2 The Lands
Title Act (Cap 283 Laws of Kenya)
This act was
enacted in 1908 specifically to assist the government to differentiate between
private land and crown land leased from the Sultan of Zanzibar. Persons who were entitled to private land
were issued with Certificates of Ownership giving freehold title. On the other
hand, if the title acquired was leasehold, then Certificates of Mortgage or
Certificates of Interest were issued as evidence of ownership.
1.3 The
Government Lands Act (Cap 280 Laws of Kenya)
This Act was
enacted in 1915 and mostly dealt with land parcels considered as farm land such
as land in Central Province, Kericho and Nairobi. The title deeds issued under
this system contained the words “Indenture”, “Conveyance” or “indenture of
conveyance” as part of their heading.
1.4 The
Registration of Titles Act (Cap 281 Laws of Kenya)
This statute
came into force in 1920 with the aim of improving the issuance of titles to
land as well as regulating the same. Just like the Lands Titles Act, under this
act, the documents evidencing ownership were Certificates of Ownership,
Mortgage or Interest. The Registered Land Act (Cap 300 Laws of Kenya)
Under the
Registered Land Act, A certificate of Lease was issued for leasehold Land and
an Absolute title deed registered where the land in question was freehold land.
2.0 The process
of conversion of titles
The above
statutes have since been repealed and the Ministry of Land and Physical
Planning has embarked on the process of registration of these titles under the
newly enacted Land Registration Act, 2012. In order to effect the provisions of
the Land Registration Act 2012, all titles issued under the repealed laws shall
be cancelled and replaced with titles under the Land Registration Act, 2012.
Essentially, the
process of conversion begins with the preparation of cadastral maps which serve
as a unified survey document together with a conversion list showing the old
parcel numbers of land within a registration unit and their corresponding
sizes.
Upon receipt of
the cadastral maps and the conversion list from the registrar, the Cabinet
Secretary in charge of the ministry of Land and Physical Planning shall in line
with regulation 4 (4) of the Land Registration (Registration Units) Order,
2017, notify the Public through the Kenya Gazette and two daily newspapers of
nationwide circulation of the list of old parcel numbers and new parcel numbers
after conversion. The Gazette notice shall specify the date after which the
land registry shall be open to the public for transactions or dealings within
the registration unit.
Any complaints
relating to information in the conversion list or cadastral maps shall file be
filed within ninety (90) days from the date of publication of the notice. The
complaints shall be made, in writing in Form LRA 96 set out in the Second
Schedule to the Land Registration (Registration Units) Order, 2017 or Form LRA
67 set out in the Sixth Schedule to the Land Registration (General)
Regulations, 2017 for the registration of a caution pending the clarification
or resolution of any complaint. The complaints shall thereafter be resolved
within ninety (90) after receipt.
At the
commencement date, all registers maintained in any other registry previously
dealing with the parcels within the registration unit shall be closed for any
subsequent dealings and all transactions carried out in the new register.
The registrar
will then issue a notice inviting registered owners to make an application for
replacement of title documents from the closed registers. The application shall be accompanied by the
original title and the owner’s identification documents. The registrar will
then replace the title deeds with new ones and retain the old title documents for
records and safe custody.
However, it is
important to note that this conversion does not interfere with the ownership,
size and other interests registered against the respective title. When it comes
to titles in the possession of third parties such as banks, hospitals and
courts, the process of conversion shall commence on application by the
proprietor.
3.0 Conclusion
The conversion
process is an continuing process intended to be carried out in stages. The
Ministry of Lands has already issued a Gazette Notice listing various parcels
of Land to be converted. Land proprietors are expected to be vigilant and
compliant with these notices. To this end land owners are encouraged to confirm
whether their properties are listed and make complaints if any within the
stipulated period.
Disclaimer: The content
of this document is intended to be of general use only.