Conversion of Land in Kenya
The enactment of the 2012 Land Laws repealed previous land statutes, prompting the Ministry of Land and Physical Planning to initiate the registration of titles under the Land Registration Act, 2012. To implement this Act, all titles issued under repealed laws are to be canceled and replaced with titles compliant with the new law.
The Conversion Process
The process begins with the preparation of cadastral maps, which serve as unified survey documents, alongside a conversion list detailing old parcel numbers, corresponding new numbers, and land sizes within a registration unit.
Upon receiving these documents from the registrar, the Cabinet Secretary for Lands, in accordance with Regulation 4(4) of the Land Registration (Registration Units) Order, 2017, publishes a notice in the Kenya Gazette and two national newspapers. This notice lists old and new parcel numbers and specifies when the updated land registry will open for transactions.
Complaints regarding the conversion list or cadastral maps must be filed within 90 days of the notice’s publication. These complaints should be submitted in writing using Form LRA 96 (Second Schedule of the Land Registration (Registration Units) Order, 2017) or Form LRA 67 (Sixth Schedule of the Land Registration (General) Regulations, 2017) for caution registration. Complaints must be resolved within 90 days of receipt.
Once the conversion takes effect, registers maintained in previous registries will be closed, and all future transactions will be conducted in the new register. The registrar will then invite landowners to apply for title replacements, submitting their original titles along with identification documents. The old titles will be retained for record-keeping.
The conversion process has already begun in various parts of Nairobi County and will be implemented in phases nationwide until all titles are updated.
Conclusion
Landowners should ensure their land has undergone conversion to avoid inconveniences. Monitoring Gazette notices and promptly raising any concerns within the stipulated period is crucial to safeguarding ownership rights.
