The Constitution of Kenya, 2010 put into motion a series of changes to land laws in Kenya. The enactment of the Land Act, 2012 and Land Registration Act, 2012 (together the Land Acts) led to the repeal of the existing land laws and introduced the requirement of geo-referencing cadastral maps for land registration units.

Following these advances in land management, the online-based Land Information Management System (LIMS) was introduced to automate all land registries. LIMS has now been replaced by the National Land Information Management System (NLIMS) which was officially rolled out on 27 April 2021 to ensure an effective and efficient Geographic Information System (GIS) based land information management system. This is in line with the Kenyan government’s overall aim to facilitate automation of land transactions and centralisation of data relating to land. 

All of the above changes have resulted in a myriad of developments, which we address in this alert.

Conversion and migration of titles

• New land registration units have been created which have been issued with new distinctive numbers. These new parcel numbers will replace the existing land reference numbers, hence the conversion process.
• The Ministry has adopted a transition land register for all land dealings pending completion of the migration exercise, which entails the surrender and replacement of old titles.

The Ministry has so far published four notices setting out existing land registration numbers to be converted and the process of conversion to new parcel numbers. Consequently, the process of conversion and the migration of registries and titles is ongoing.

Please see our earlier alert on the conversion of titles here.

The Sectional Properties Act, 2020 (the SPA)

The SPA is being implemented to streamline the process of dividing buildings with shared common areas into sectional units. You can access our earlier alert on the SPA here.

• The Ministry stated an intention to cease registration of long-term leases supported by architectural drawings, effective 10 May 2021.
• As a result of lobbying by the Law Society of Kenya, partially registered developments supported by architectural drawings can now be finalised under the current system, provided that the parties commence the process of regularising their titles to comply with the SPA.
• All new developments must strictly comply with the provisions of the SPA.

Conversion of long-term sub-leases conferring ownership registered prior to the SPA 

• All registered long-term sub-leases conferring ownership of apartments, flats, maisonettes, townhouses or offices must be reviewed to conform to the condition for proper geo-referencing of parcels of land on which these developments sit (the Mother Title), within a period of two years from 28 December 2020.
• The steps for regularising the long-term leases are:
  • first, the registered proprietor of the Mother Title, developer, management company or the owner of a lease of a unit shall make an application for replacement of title attached with a sectional plan (geo-referenced and authenticated by the Director of Survey);
  • second, pursuant to the above, the registered proprietors or unit owners shall then make an application for replacement of long-term leases for issuance of new certificates of lease.

Registration on NLIMS

All property owners need to register an account on NLIMS for verification of their title documents. Essentially, one cannot transact on any property until the owner and any other party to the transaction registers on NLIMS. 

Users are experiencing challenges as NLIMS verifies the identity of its users with the Registrar of Persons. Currently, the system also locks out non-citizens who own properties in Kenya or who are transacting on any matter. 

Some advocates have been unable to undertake transactions, such as registration of documents on NLIMS, due to system challenges regarding the status of their accounts. We understand that the Ministry is currently addressing this challenge. 

NLIMS going live without allowing a window for property owners to register on the platform and verify their properties is likely to stall operations at the land registry and create an eventual backlog. In addition, the initial digitisation process of land titles is still ongoing with respect to land registries outside Nairobi.

All natural and corporate persons wishing to transact on NLIMS should register an account here.

Nairobi Block 110 verification exercise

The Cabinet Secretary issued a notice that the Ministry will conduct verification of title documents for properties in Nairobi Block 110 following numerous complaints of fraudulent land transactions. This pertains to land situated within the Thome area. Property owners are required to present copies of their titles and accompanying documents at the Survey of Kenya from 24 May to 4 June 2021 for verification. The Ministry has placed a restriction on any dealings involving Nairobi Block 110, pending conclusion of the verification exercise. 

Payment of land rent

All landowners who have pending land transactions within Nairobi County which have been paid for, and who are awaiting survey details (such as deed plans), should submit the said survey details to the Director of Land Administration at Ardhi House, Nairobi within 14 days from 17 May 2021. Those who fail to meet this requirement will forfeit the fees already paid.

Going forward, payment of land rent shall be made on the NLIMS platform. One will have to register on NLIMS, go to the Land Administration Services and follow the relevant prompts for invoice and payment.

The immediate concerns for parties trying to beat the completion deadline are the unreliability of the system (given that, in the recent past, it has been offering minimal to no service) and the Ministry’s response to cushion parties should that happen.