Legal basis for conversion of land titles
Intro
Historically, the Constitution of Kenya,
2010 compelled Parliament to rationalize the then land regimes under the
Government Lands Act, the Registration of Titles Act, the repealed Indian
Transfer of Property Act, the Land Titles Act and the Registered Land Act (the
“Repealed Acts”) and to revise and consolidate the Repealed Acts in order to
centralize land services and alleviate fraud and delays in service delivery. In
striving to do so, the Land Registration Act No. 3 of 2012 (the Act”) was
enacted thereby repealing all the other land registration regimes. In spite of
its enactment, all land transactions have till now been processed on the old
registers under the savings and transitional provisions in the Act.
The Cabinet Secretary has pursuant to the provisions of the Act began the conversion process to move all parcels of land to the purview of the Act and away from the scope of the Repealed Acts.
1. Background
Kenya's land registration system has historically been fragmented, governed by multiple laws and registries, such as:
- Government Lands Act (Cap 280)
- Registration of Titles Act (Cap 281)
- Land Titles Act (Cap 282)
- Registered Land Act (Cap 300)
To streamline land administration, the Land Registration Act, 2012 repealed these statutes and introduced a unified registration framework. This led to two major reforms:
- Conversion of land parcel identifiers (from LR numbers to parcel numbers).
- Migration of titles from the Closed Register to the Open Register.
2. Conversion of Old LR Numbers to New Parcel Numbers
๐ฏ Objective
- Align land parcel identification with Registry Index Maps (RIMs).
- Enable integration into the ArdhiSasa digital platform.
- Eliminate discrepancies in land boundaries and titles.
✅ Steps in the Conversion Process
|
Step |
Description |
|
1. Identification & Mapping |
LR numbers are matched to physical locations and aligned with new survey data. |
|
2. Preparation of Cadastral Index |
Registry Index Maps (RIMs) are used to define accurate parcel boundaries. |
|
3. Gazettement |
The Ministry of Lands publishes conversion lists in the Kenya Gazette. |
|
4. Public Objection Window |
Landowners have 90 days to raise objections or corrections. |
|
5. Issuance of New Parcel Numbers |
New numbers are assigned and uploaded into the ArdhiSasa system. |
3. Replacement of Titles from the Closed Register
๐ What is the "Closed Register"?
- A register based on repealed laws (e.g., Registration of Titles Act).
- Titles under this system are being phased out in favor of the unified LRA register.
⚙️ Process of Title Conversion:
|
Step |
Details |
|
1. Preparation of New Register |
Land registrar opens a new register under the LRA, 2012. |
|
2. Publication in Gazette |
A list of titles to be migrated is gazetted. |
|
3. Notification to Owners |
Owners are notified to surrender old titles (if required). |
|
4. Issuance of New Title |
New certificate of title issued under LRA. Same ownership rights preserved. |
⚖️ Legal Assurance:
Ownership or tenure is not affected — the title change is procedural, not substantive.
๐ฒ 4. Digital Integration with ArdhiSasa
The converted parcels and new titles are uploaded to the ArdhiSasa platform for:
- Online land searches
- Transfers and leases
- Land rent payments
- Tracking of applications
✅ 5. Benefits of the Conversion
|
Benefit |
Impact |
|
Legal Uniformity |
All titles governed under one law (LRA, 2012) |
|
Fraud Reduction |
Elimination of duplicate and fake titles |
|
Digital Access |
Secure and convenient access to land records |
|
Improved Land Valuation |
Clear boundaries and standardized maps |
|
Investor Confidence |
Greater security in property transactions |
6. Challenges
|
Challenge |
Explanation |
|
Public Misinformation |
Some owners are unaware or suspicious of the process |
|
Boundary Conflicts |
Mapping errors or unverified survey data |
|
Administrative Delays |
Backlogs in gazettement and issuance of new titles |
|
Digital Divide |
Not all landowners can access ArdhiSasa services easily |
๐ 7. Recommendations
- Mass Sensitization Campaigns — through radio, chiefs, local forums.
- Support Desks at Land Offices — to assist with objections, submissions.
- Legal Aid Clinics — to help vulnerable groups understand title implications.
- Periodic Progress Updates — public reporting on status and resolution of issues.
๐งพ 8. Conclusion
The conversion of old LR numbers and migration from the Closed Register is a landmark reform in Kenya's land sector, aiming to:
- Secure land rights.
- Clean up title records.
- Modernize land governance.
While transitional friction exists, the long-term benefits of a centralized, digital, and tamper-proof land registration system are significant.
Please find the comprehensive tutorial video in the below link: Ardhisasa Webinars | Conversion/Replacement of Title issued from the Closed Register
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