By Harold Ayodo

Nairobi, Kenya: Two years ago, Lands ministry PS Dorothy Angote and Lands Commissioner Zablon Mabea conducted an impromptu search at Ardhi House and unearthed 12,000 ‘missing’ files hidden in personal desks.

Some officials were found with files dating as far back as 1995, which the PS said was beyond their mandate. According to the PS, the hidden documents were the work of a cartel within the ministry involved in corruption.

That trend has not quite changed. Conveyance lawyers still go through a nightmare when conducting transactions at most land registries where original documents cannot be traced. Some transactions drag on for years as clerks in registries pore over heaps of dusty tattered files in unsuccessful search of green cards, maps and title deeds.

 There are also instances where it takes forever to get results for official searches to confirm a name of registered property owner. It does not end there as there are also numerous delays in service delivery as a result of cases on lost files, few registries and outdated registry systems.

But all that is about to change as the country implements the Land Registration Act, which is expected to fast-track property transactions in the country.

It is expected that provisions of the new legislation, enacted last year, would overturn the traditional rot in most land registries. For instance, Section 9 of the LRA provides for electronic files and an integrated land resource register. It further provides that the registrar maintains a register and registered documents in a secure, accessible and reliable format.

The land register, according to the new law, must contain the name, personal identification number, national identity card number and address of the registered owner.

For body corporates, the name, postal address, certified copy of certificate of incorporation and personal identification numbers must be indicated. Other details required are passport-size photographs of persons authorised and where necessary attesting the common seal.

Devolution

Names and addresses of previous registered owners, size, location, user and reference number of the parcel must also be included. Expectations are also high that devolution of land registries and provisions for clear timeframes for service delivery as provided for in the LRA would revamp property transactions.

Strides would be made to achieve transparency and efficiency in service delivery after introducing time limits for registrations. The electronic registers would also change the customary way of carrying out searches (official and personal searches), which could take weeks, months or years.

The searches to determine legal ownership of a property would be done through the Internet and mobile phones. According to Section 7 of the Act, each registration unit and land registry must have a land register, cadastral map and parcel files containing instruments and documents supporting subsisting entries in the land register.

The legal requirement to streamline documentation in land registries does not end there as plans should be geo-referenced.

Applications

 There will also be a presentation book with records of all applications numbered consecutively to the registry and an index detailing names of owners in alphabetical order.

Moreover, the act stipulates that the Public Service Commission and Cabinet Secretary will be guided by principles of devolution in establishing land registries in line with Articles 174 and 175 of the Constitution.

The writer is an advocate of the High Court.