Legal alert no.1 of 2021.
Introduction.
Runaway corruption in land administration and registration processes in Kenya coupled with inordinate delays in processing land transactions has for a long time made land transactions extremely cumbersome. In a bid to find the solution to these recurring Buff Dota 2, the Ministry of Lands and Physical Planning in collaboration with the National Land Commission (NLC) and other stakeholders have digitized some land records and transactions within Nairobi Registry and targets to complete the process of digitization in all land parcels within Nairobi County and all the 47 counties in the near future.
The Digital Platform
Through an online platform dubbed Ardhisasa, accessible via web page https://ardhisasa.lands.go.ke, citizens and professionals alike will be able to access land records and conduct land transactions through their smartphones, computers, and laptops. The platform was launched by President Uhuru Muigai Kenyatta on 27th April 2021.
The Legal Framework
The digitization of land records is anchored in Section 9 of the Land Registration Act which mandates the Registrar of Titles to maintain the Land Register within the registration unit in a secure, accessible, and reliable format including in electronic files. Section 10 of the Act on the other hand mandates the Registrar to make accessible to the public by electronic means or any other means as the Chief Land Registrar may reasonably prescribe.
To give effect to the above legislative provisions, the Cabinet Secretary for Land and Physical Planning, Ms. Farida Karoney gazetted the Land Registration (Electronic Transactions) Regulations, 2020 via Legal Notice Number 130 to provide for the process of digitization of land records and transactions.
The Structure of Ardhisasa Platform
Ardhisasa is a multi-departmental platform bringing together services from different Land Departments. The services available thus range from: –
i. Land Registration;
ii. Land Administration;
iii. Physical Planning;
iv. Survey and mapping
v. Land Valuation; and
vi. Services offered by the National Land Commission.
Whereas the Platform has not been fully activated to offer the abovementioned services, the Ministry of Lands and Physical Planning has indicated that the services will be available in due course.
Access to services through the Ardhisasa Platform
To access services on the Platform, one is required to create an account by filling in personal details including the National Identity Card Number (ID) and ID Serial Number. After the information is verified by the Registrar of Persons, the system then prompts one to fill in other details including their email address and to upload a photo before accessing any services on the platform. The photo can only be uploaded once and must be an actual representation of the applicant.
A private account may also be upgraded to a professional account by Advocates, Surveyors and Physical Planners. The upgrade is subject to verification of the professional credentials by the respective Professional Bodies. Some of the services on the Platform can only be accessed from a professional account.
Companies and Law Firms may also create accounts on the Platform and approve persons within the respective organizations that are authorized to access the Platform on behalf on the organization.
The way forward
Ardhisasa is a platform that will no doubt have a great impact on land dealings and related transactions in Kenya.
There is however still scanty of information on the trajectory that the online land transactions will take seeing that the platform is barely operational.
We shall keep a keen eye on the platform and advise on future developments.
NB: –
*This write up is meant for general information only and should not be relied upon without seeking specific legal advice.
*If you have any question regarding this write up, please do not hesitate to contact us on E-mail at info@wainainaireri.com or Tel-0726063365.
Legal alert no.1 of 2021.
Introduction.
Runaway corruption in land administration and registration processes in Kenya coupled with inordinate delays in processing land transaction has for a long time made land transactions extremely cumbersome. In a bid to find solution to these recurring Buff dota 2, the Ministry of Lands and Physical Planning in collaboration with the National Land Commission (NLC) and other stakeholders has digitized some land records and transactions within Nairobi Registry and targets to complete the process of digitization in all land parcels within Nairobi County and all the 47 counties in the near future.
The Digital Platform
Through an online platform dubbed Ardhisasa, accessible via web page https://ardhisasa.lands.go.ke, citizens and professionals alike will be able to access land records and conduct land transactions through their smart phones, computers and laptops. The platform was launched by President Uhuru Muigai Kenyatta on 27th April 2021.
The Legal Framework
The digitization of land records is anchored in Section 9 of the Land Registration Act which mandates the Registrar of Titles to maintain the Land Register within the registration unit in a secure, accessible and reliable format including in electronic files. Section 10 of the Act on the other hand mandates the Registrar to make accessible to the public by electronic means or any other means as the Chief Land Registrar may reasonably prescribe.
To give effect to the above legislative provisions, the Cabinet Secretary for Land and Physical Planning, Ms. Farida Karoney gazetted the Land Registration (Electronic Transactions) Regulations, 2020 via Legal Notice Number 130 to provide for the process of digitization of land records and transactions.
The Structure of Ardhisasa Platform
Ardhisasa is a multi-departmental platform bringing together services from different Land Departments. The services available thus range from: –
i. Land Registration;
ii. Land Administration;
iii. Physical Planning;
iv. Survey and mapping
v. Land Valuation; and
vi. Services offered by the National Land Commission.
Whereas the Platform has not been fully activated to offer the abovementioned services, the Ministry of Lands and Physical Planning has indicated that the services will be available in due course.
Access to services through the Ardhisasa Platform
To access services on the Platform, one is required to create an account by filling in personal details including the National Identity Card Number (ID) and ID Serial Number. After the information is verified by the Registrar of Persons, the system then prompts one to fill in other details including their email address and to upload a photo before accessing any services on the platform. The photo can only be uploaded once and must be an actual representation of the applicant.
A private account may also be upgraded to a professional account by Advocates, Surveyors and Physical Planners. The upgrade is subject to verification of the professional credentials by the respective Professional Bodies. Some of the services on the Platform can only be accessed from a professional account.
Companies and Law Firms may also create accounts on the Platform and approve persons within the respective organizations that are authorized to access the Platform on behalf on the organization.
The way forward
Ardhisasa is a platform that will no doubt have a great impact on land dealings and related transactions in Kenya.
There is however still scanty of information on the trajectory that the online land transactions will take seeing that the platform is barely operational.
We shall keep a keen eye on the platform and advise on future developments.
NB: –
*This write up is meant for general information only and should not be relied upon without seeking specific legal advice.
*If you have any question regarding this write up, please do not hesitate to contact us on E-mail at info@wainainaireri.com or Tel-0726063365.