1.0 What is conversion?
Conversion is the process of migrating all parcels from the repealed land registration statutes to a unitary regime under the Land Registration Act, 2012.
Basically, Conversion is a statutory process that refers to the process of changing the title numbers issued under the various repealed land registration statutes to a unitary regime, following the creation of new land registration units as provided in Section 6 of the LRA. Therefore, 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 in the format NAIROBI/BLOCKxx/xxx (if the land is located within Nairobi County).
2.0 What is the process of conversion?
It entails the following:
(i) Preparation of cadastral maps together with a conversion list,
(ii) Publication of the cadastral maps together with a conversion list,
(iii) Lodgment and consideration of complaints,
(iv) Closure of old registers and commencement of transactions in the new register
(v) Application for replacement of title documents from the old registers.
3.0 Will the conversion process interfere with my boundaries?
No. Deed plans shall be replaced by RIMs (Registry Index Maps) as registration instruments. Boundaries will thus not be affected because RIMs are generated from existing survey plans.
4.0 Rationale of conversion of Titles
There are three main objectives in the conversion of titles:
To create a uniform system of identification of all land parcels as envisaged in the Land Registration Act (align registration system).
To sieve out titles that were irregularly acquired and that had been registered under the old system.
To allow all transaction to be carried out through the National Land Information Management System, otherwise known as ‘Ardhi sasa’. (New platform whose aim is to consolidate all land information and enable citizens transact on their properties with ease).
5.0 Application for Replacement- Checklist
(i) Form LRA 97
(ii) Original title document to be replaced
(iii) Certified copies of National Identity Card/Passport of the registered Proprietor(s)
(iv) Certified copies of certificate of registration/incorporation as well as copies of National Identity Cards/Passport of the directors/partners/officials of the registered Proprietor(s)
6.0 What the conversion process means for you
(i) Your title (if issued under the previous regimes) will be cancelled and replaced with a title under the current regime.
(ii) You will now comply with a centralised land registration process under one regime in line with the Constitution.
(iii) Registry Index Maps (RIMs) will replace deed plans as registration instruments with the aim of minimising land fraud.
(iv) The size and the ownership of your property will not be affected by the conversion process.
(v) You will be allowed to apply for a conversion of your title where you have used your title as security.
(vi) The conversion of land titles will benefit the public in ensuring uniformity of land ownership in Kenya and minimising fraud.
7.0 Steps in the conversion process
(i) Preparation of cadastral maps and the conversion list indicating new and old numbers for parcels of land within a registration unit or registration section/block and their corresponding acreages.
(ii) Gazettement of the conversion list by the Cabinet Secretary within 30 days of receipt.
(iii) The registrar will issue a Notice to the Public to apply for replacement titles.
(iv) Owners will then make applications for replacement/new titles.
(v) The registry will then replace old titles with the new titles.
The comprehensive discussion of the conversion process can be explained as follows:
(i) Preparation and approval of cadastral maps and conversion lists, indicating new and old numbers for parcels of land within a registration unit or registration section/block and their corresponding acreages. This process is undertaken by the Survey of Kenya.
(ii) Publication by the Cabinet Secretary of the Ministry of Lands of the approved conversion lists and cadastral maps through a notice in the Kenya Gazette and two national daily newspapers indicating that the old registers for the old parcel numbers will be closed and new land registers for the new parcel numbers opened after the expiry of ninety (90) days;
(iii) Within 90 days from the date of publication of the conversion list, land owners of the listed properties are required to lodge their grievances with the land registrar for review and consideration;
(iv) In case any complaint is lodged, the Land Registrar is required to register a caution on the affected property pending the resolution of the complaint;
(v) Upon expiration of the ninety (90) days and no complaint is lodged, the old land registers for affected properties are closed and a new land register under the LRA are opened;
(vi) Thereafter, the Land Registrar issues a notice to the public inviting the owners of the affected properties to apply for the replacement of titles of the old titles. The notice is published in two national daily newspapers and announced on radio stations of nationwide coverage;
(vii) Landowners then submit applications for replacement of title in accordance with the notice within the timelines stated in the notice by the Land Registrar.
8.0 Get in touch with us today for a discussion on the following:
(i) Creation of an Ardhisasa account for both residents and foreigners;
(ii) Undertaking the conversion process on your behalf;
(iii) Comprehensive advisory with respect to the conversion process and any other land-related issues.
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