Kenya’s land registration system has historically been fragmented, governed by multiple laws and registers that created inefficiencies, legal uncertainties, and loopholes for fraud. The 2010 Constitution mandated the consolidation of land statutes and the establishment of a single, coherent system of land registration. This constitutional imperative birthed the Land Registration Act, 2012 (“the LRA”), which rationalised and consolidated the various registration regimes into one unified system.
To operationalise this framework, the Ministry of Lands commenced the conversion of land titles and migration of registers. This is a government-led initiative aimed at replacing titles issued under repealed regimes with new ones under the LRA, while digitising land records through the National Land Information Management System (“Ardhisasa”).
Legal Framework for Conversion
The conversion process is anchored in the Constitution and various statutes:
- Article 68 of the Constitution of Kenya, 2010 – mandates the consolidation of land registration systems.
- Land Registration Act, 2012 – establishes a unified registration system.
- Land Act, 2012 – governs the administration and management of land.
- Land Registration (Registration Units) Order, 2017 – provides for the creation of registration units and procedures for conversion.
- Land Registration (General) Regulations, 2017 – outlines processes for conversion and migration.
- Survey (Electronic Cadastre Transactions) Regulations, 2020 – supports the digitisation of mapping and cadastral records.
- Sectional Properties Act, 2020 – governs the conversion of long-term leases to sectional titles.
- Physical and Land Use Planning Act, 2019 – integrates planning with registration.
The repealed regimes that necessitated conversion include the Government Lands Act (Cap 280), Registration of Titles Act (Cap 281), Land Titles Act (Cap 282), and the Registered Land Act (Cap 300).
Meaning of Conversion and Migration
- Conversion refers to the statutory process of changing old title numbers issued under repealed statutes into a uniform format under the LRA. For example, a Nairobi property will receive a new title number in the format NAIROBI/BLOCK xx/xxx.
- Migration is the transfer of all land records, including proprietorship details, encumbrances, and supporting documents, from the old registers to the new unified register. Importantly, conversion and migration do not alter the size, ownership, or interests in land; they only update registration formats and records.
- Registry Index Maps (RIMs) now replace Deed Plans as the instruments of registration. Unlike deed plans, RIMs capture wider areas, reducing fraud risks.
The Conversion Process
The conversion procedure is outlined under Section 6 of the LRA as read with Regulations 4–9 of the Land Registration (General) Regulations. It involves:
- Preparation of Cadastral Maps and Conversion Lists
The Survey of Kenya prepares cadastral maps and conversion lists showing old and new parcel numbers and acreages.
- Publication
The Cabinet Secretary for Lands publishes the lists and maps in the Kenya Gazette and two national newspapers, and forwards them to county governments for dissemination.
The notice indicates that old registers will be closed after 90 days.
- Objection and Review Period (90 days)
Landowners review the conversion lists and may file objections using Form LRA 96.
If objections are raised, the Land Registrar places a caution on the property pending resolution.
Appeals against the Registrar’s decision must be lodged in court within 30 days.
- Closure of Old Registers and Opening of New Registers
If no objection is filed within 90 days, old registers are closed and new ones opened under the LRA.
- Application for Title Replacement
The Land Registrar issues a public notice inviting affected owners to apply for replacement titles through Form LRA 97.
Owners must submit:
- Original title deed
- National ID or passport
- Application form
Applications are submitted within timelines specified in the notice.
- Issuance of New Titles
Upon verification, the Registrar issues new titles (Certificate of Title or Lease) within 7–21 days.
Old titles are cancelled and held in safe custody.
- Platform
The process is executed via the Ardhisasa platform, where digital titles are generated. https://ardhisasa.lands.go.ke/home.
Special Cases of Conversion
- Lost Titles – Reconstructed under Section 33(5) of the LRA after Gazette notice and verification.
- Charged Properties – Conversion possible with consent from chargees (e.g., banks).
- Disputed Properties – Conversion proceeds only after resolution of disputes.
- Succession Cases – Requires grant of probate or letters of administration.
- Sectional Properties – Must be supported by authenticated geo-referenced sectional plans.
Challenges of the Conversion Process
Despite its noble objectives, the conversion process has faced several hurdles:
- Delays and Backlogs – Especially in Nairobi, where transactions have stalled pending conversion.
- Third-Party Interests – Properties with court orders, cautions, securities, or leases require additional consents.
- Public Awareness – Many landowners are unaware of the process, leading to low compliance.
- Technical Hurdles – The Ardhisasa platform has been plagued with frequent downtimes.
- Balancing Records – Ensuring all encumbrances and interests migrate correctly has caused administrative challenges.
Benefits of Title Conversion
- Enhanced Security of Tenure – Fraudulent titles are weeded out.
- Uniform System – All land is registered under one legal regime.
- Digitisation – Titles are stored securely and accessible online.
- Efficient Transactions – Simplifies transfers, charges, and leases.
- Alignment with the Constitution – Ensures compliance with Article 68.
It is to be noted that the conversion is mandatory for the properties listed in Gazette Notices for compliance and to enable transactions.
Conclusion
The conversion of titles is a transformative reform in Kenya’s land governance. While its implementation has faced delays, technical challenges, and limited public awareness. However, the long-term benefits like enhanced security, efficiency, and uniformity in land registration, far outweigh these hurdles. Landowners, especially in Nairobi where the process is most advanced, are strongly encouraged to initiate conversion to safeguard their ownership rights and facilitate future transactions.
As the Ministry of Lands continues to streamline the process and improve Ardhisasa, conversion promises to deliver a modern, transparent, and fraud-resistant land registration system for Kenya.
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