Top ten challenges with the Ardhisasa System
The Ardhisasa online system developed to ease land transactions has been with us for a few months. As with any new system, its usage comes with some challenges. As anticipated, land professionals, land owners and other users who have used the system have had mixed experiences with it. This ranges from registration, upgrading of the account, missing files among others.
Quick read: Ultimate guide to understanding Ardhisasa
While Ardhisasa is an excellent system which will put Kenya on a global scale in terms of land management, the challenge like the validity and completeness of data, stemming from decades of graft in the Ministry and improper storage of land records are some of the challenges that the newly launched system is facing. There are cases where some title deeds have been allocated on road reserves and other categories of public some files are missing and others have deteriorated with time making it difficult to ascertain ownership. Therefore, with the launch of a new system, there are usually adoption challenges. In the immediate the following are the anticipated challenges.
1. Initial delay.
While the digitalized land recording system aim was streamline land transactions and ownership easing the frustrations of property owners and buyers such as queueing for long hours at land offices countrywide, there is a big delay in the initial stages. Delays in processing requests for account upgrades for its members and lack of clarity in processing transactions to Nairobi properties that are offline
By registration to the system, a user is deemed to have accepted the terms and conditions and will equally be bound by the same. This includes willingness to use the system. However, the system can only benefit the people who can use the computer or phones, leaving many Kenyans exposed in the hand of the conmen.
3. Restricted searches:
With limited searches on the Ardhisasa platform, the public, investors and practicing professionals and even Kenyans in general will have difficulties where they seek to conduct official searches without the proprietorsâ€™ consent. Valuers and Banks will for instance face difficulties in searching and doing due diligence for properties targeted for forced sale by lending institutions. Owners to such properties are unlikely to give permission for searches to be conducted against their properties.
You donâ€™t want to miss: Services Offered by Ardhisasa Digital Platform
4. Lack of sufficient infrastructure at the county level.
With this system heading into the counties, key concern has been raised on the preparedness by the counties for this reforms. Many counties have insufficient infrastructure to store, process and disseminate electronic data real-time. In some places, there will be need to require extra/secure physical space and/or reliable power. There will also be concern to develop guidelines with information on issues relating to standards, formats, security and dissemination of information in the system for ease of reference or use by users or institutions planning to develop sub-systems compatible with the national system.
The timelines shared by the government to complete the digitization in the whole country is unrealistic. Given that the uploading of records must be preceded by the conversion of title deeds, it is not in doubt that the process to attain national coverage will go far beyond the provided December 2022 deadline
5. Feasibility of the system
While the efforts to digitize land transactions are highly welcome, users of the NLIMS have expressed concerns over its feasibility based on a number of challenges experienced like difficulties in registering & upgrading of professional accounts among other problems.
6. Confusion on the award of titles
In full operation, the repealed land registration laws such as Government Lands Act (Cap. 280), the Registration of Titles Act (Cap. 281), the Land Titles Act (Cap. 282) and the Registered Land Act (Cap. 300). will be collapsed into one, with all titles issued under the repealed laws cancelled and replaced with titles under the Land Registration Act, 2012. This will likely leave a loophole for the fraudsters.
When these parcels of land will be migrated to the new regime, their ownership, size and other interests will not change. What will change, however, is the introduction of Registry Index Maps (RIMs) in place of the current system that uses deed plans which is a bit confusing.
Join the Discussion: How Ardhisasa will help Kenyan Government achieve big four agenda
7. Identity challenges
There is lack of system crosscheckâ€™s identity information from the registry of persons. For instance, if your identity details do not tally with the information at the registry of persons, you shall not be able to transact on the system. This is a challenge to those people who will not be able to go to Ardhi house to correct their details.
8. Verification of Foreign companies
Where the registered proprietor to a property is a foreigner or a foreign company, it will be impossible to transact with your property until is there is created into the system a mechanism to verify Identity information.
9. Distressed and probate properties
It is not possible to deal with transaction such searches and sale of distressed properties and probate matters because of the approval process required.
10. Professional accounts inclusion.
Key stakeholders are left out for account upgrading. There are concerns that the list of professionals whose accounts qualify for upgrading is too short. There have been suggestions that registered private valuers, registered real estate agents and registered survey assistants, who regularly engage in land transactions on behalf of clients, ought to be included.
In conforming to the principles advanced in the Access to Information Act 2016, the ministry should have an efficient communication & feedback mechanism where users of the NLIMS can not only access information but also lodge complaints when the need arises. Going forward, there should be an introduction of a hybrid system on an interim basis to allow for a smooth transition until such a time when the NLIMS will be fully operational
You may make your comment below for feedback, call us on 0726982982 or on email us through [email protected] as we continuously update our guides.