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parcels from the repealed land registration statutes to a unitary regime under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the various repealed land registration statutes to a unitary regime, following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.
