Services Under Land Registration Section on Ardhisasa Platform
Ardhisasa is an online platform
that allows Citizens, other stakeholders and interested parties to interact
with land information held and processes undertaken by Government. At the click
of a button, users will now be able to search and carry out various land
transactions, drastically reducing human interactions, delays and other
inconveniences previously experienced at manual land registries.
Land registration is the
official recording of legally recognized interests in land and is usually part
of a cadastral system. Legally, this is different from deeds registration,
where the documents filed in the registry are the evidence of title, and
registration of title, in which the register itself serves as the primary
evidence.
Cadastral is a map showing the
extent, value, and ownership of land, especially for taxation. Speaking about
the conversation of land and the important of cadastral map for the process,
the cabinet secretary for land and physical planning, Farida Karoney stated
that the process starts with preparation of cadastral maps and the conversion
list indicating new and old numbers for parcels within a registration unit, and
their corresponding acreage. Cadastral maps are very detailed, indicating size,
ownership and ownership changes, providing a continuous record.
To access any land services in
Kenya from the Ministry of Lands, Ardhisasa is the right platform. Unlike the
old days when things were done manually, you can access the services anywhere
and instantly. Simply register an account, then log in to the platform to
request the service you need. Therefore, when you get into Ardhisasa platform,
there are six services tabs which you can easily access depending on the
services one may want. Below is the summary for those services.
Under land registration: Registration of a certificate of either titles or
leases, replacement of titles, a search of the property and various charges and
transfer of property.
Land
Administration. Subdivision of land, extension or renewal of
the lease, change of user, lease preparation, and subdivision of property.
Physical planning. Approval of part development plans, plan preparation and
certificate of compliance.
Survey and mapping. Search for sectional property, application of
new grants, amalgamation (merging) of property and also an application for
re-survey.
Valuation: asset
valuation, government leasing, government purchase, estate administration and
arbitration.
Adjudication and settlement. Users can access formal judgment on a disputed
case as well as settlement agreements.
National Land Commission. Users can access land allocation services.
For this particular articles we
are going to look at land registration and services related to land registration
that you will likely want when interacting with Ardhisasa. These services are
greatly being informed by the Land Registration Act which gives provision on Certificate
of title and Certificate of lease, production of certificates, procedure for
claiming indemnity, transitional provisions on rights, liabilities and remedies
of parties over land among others.
Under land registration tab:
Like most government
service-oriented digital platforms, the NLMS system commonly known as Ardhisasa
is self-service. This is to eliminate the presence of third parties, thus
reducing the risk of fraud, reduce the risk of missing files which has been a
problem in the land sector for ages. Therefore, as in other tabs, below are the
services which you can easily get under land registration tab
1) Application for issuance of cautions and restrictions and registration of executors
A Caution is a notice in the
form of a register to the effect that no action of a specified nature in
relation to the land in respect of which the notice has been entered may be
taken without first informing the person who gave the notice. A Caution is
registered in order to protect the interests of a party claiming to have a
proprietary interest in a property.
Documents to apply caution
v Caution
application form (3 original)
v Letter
from area chief (copy)
v PIN
certificate (copy)
v Identity
card
v Passport
(original)
2)
Leases – short term and long term
A lease is a contract outlining
the terms under which one party agrees to rent an asset—in this case,
property—owned by another party. It guarantees the lessee, also known as the
tenant, use of the property and guarantees the lessor—the property owner or
landlord—regular payments for a specified period in exchange. A short-term
lease generally refers to a lease that is either month-to-month, for three
months or anything up to six months, while a long-term lease is anything longer
than six months.
Registration of title deeds and leases
The process of transferring a
title deed is as follows:
v the
purchaser obtains a land rent clearance certificate
v The
seller then needs to apply, pay and obtain a rates clearance certificate from
the county office in which the land is located. The certificate cost around
Ksh 10,000.
v Apply
for a search on the title deed which takes not more than 3 working days at a
cost of Kshs 500.
v The
seller then needs to apply for and obtain the consent to transfer from the
National land commission. The document costs about Kshs 1,000 and takes not
more than 2 weeks.
v Valuation
of the land by government valuer to ascertain the amount to be paid as stamp
duty.
v Paying
the stamp duty, the amount indicated on the valuation report is then to be paid
to the commissioner for Domestic taxes (KRA) and the payment receipt presented
as proof.
v The
final step of the transfer is to lodge stamped transfer documents for registration
at the local land office. This process takes no more than 2 weeks. and title
deed is a document that proves ownership and legal right over a piece of land.
3) Replacement of title deeds
Following the closure of the old
registers, the Registrar is obliged to give announcement to Kenyans on the
replacement of the titles. The Order provides a specific form (Form LRA 97) to
be used by land owners applying for the replacement of their old title
documents. The completed application form will need to be accompanied by the
person’s original title document, KRA pin, applicant photograph, a certified
copy of their national identity card or passport, or similar details of
directors, in the case of companies.
1) Report
and obtain a police abstract from the nearest police station.
2) Apply
for a search of the lost title deed
3) Place a
caveat protecting your property from illegal transactions
4) Filing
of a statutory declaration
5) Publishing
of your name in the Kenya Gazette
6) Confirmation
of whether the title deed replacement procedure was dully followed
7) Green
Card and White Card entries. A green card is issued when the land is freehold.
A white card issued when the land is leasehold.
4) Land searches and transfer of title
Land search is an application
made to find out the ownership details of a property, and other interests that
have been registered on that property.
Process of doing land search on Ardhisasa.
v Log into
your account using your ID number and your password.
v On the
left hand side click on services.
v Under
land registration option, click search.
v Click on
new application.
v Under
search details enter the parcel number and click add parcel. Ensure to use the
correct title number or parcel number.
v Enter
the purpose for search.
v Select
scope of search which is either particulars of the subsisting entries in the
register or particulars noted on the property section / proprietorship section
/ power of attorney register / registered documents register. Click next to
proceed.
v Confirm
details and submit.
How the process of digitization works though ardhisasa at Ardhi House
The cost.
Kenya online search is a paid
feature, which costs Ksh 500 per search. The money is payable through M-PESA,
ATM card, or credit card. The payment platform is fully integrated into the
Ardhisasa platform, with all the instructions on how to pay provided.
Conclusion.
While in the past, land registration
has been more hectic and confusing leaving holes where the cartels are taking
money from the citizens, the ministry of land is in the process of moving land
sector into digital system with an aim of making work easy for its service
provision. The process will now be easier since you will be able to do most of
the steps online. This means that there
will be a new process that will be fast and easy. We premier will still bring
you the latest development in the land sector. We will be able to assist you
for any services you may require.