We write following our alert that was published on 20 March 2018 regarding the temporary closure of the Nairobi and Central land registries for purposes of finalising the adoption of an online system known as the Lands Information Management System (LIMS).
On 1 April 2018 the Ministry of Lands issued a notice informing the public that owners of properties with titles registered under the Registered Land Act, Cap 300 (Repealed) and the Registration of Titles Act, Cap 281 (Repealed) who wish to undertake any transactions over their land should confirm that their land is listed on their profile by logging into LIMS through the eCitizen portal. If the land is not listed, the landowner is required to validate the same by uploading a copy of the title and the transfer document. Please click here to read the full public notice.
On 6 April 2018 the Ministry of Lands issued a subsequent notice to clarify the following:
a) the online system only relates to administrative acts in transactions and advocates will continue to draw conveyancing and security instruments;
b) execution and attestation of documents will continue to be done as per the law;
c) when an application for registration is submitted online, the original instrument and title document will be presented at the Land Registry for registration upon payment of stamp duty;
d) consents such as the Land Control Board consent, spousal consent, county government consent, management company consent and consents for controlled transactions will be obtained in line with the law and thereafter uploaded onto the system; and
e) every application must be initiated online by the owner or appointed advocate and then the system will trigger all the other processes.. Any party holding documents ready for registration and was locked out by the closure of the registries has until Friday, the 13th April 2018 to submit them under the old system.
Please click here if you wish to read the full notice from the Ministry of Lands.
|Mona K. Doshi
|Caroline N. Karugu
The content of this alert is intended to be of general use only and should not be relied upon without seeking specific legal advice on any matter.