By HAROLD AYODO
Property transactions turn into nightmares when official documents disappear at the Ministry of Lands.
Such transactions hit dead ends as land registrars insist that the ‘lost’ original documents in their custody must be traced before the transaction is completed.
In many instances, property lawyers get positive results after conducting official searches at land registries but cannot transfer the property over alleged missing green cards.
The problem ailing transactions in land registries countrywide is reliance on manual records since 1903.
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The tale of our land registries can easily be told by heaps of tattered files, which create insurmountable hurdles to property transactions.
Currently, every property lawyer has a story to tell on the frustrations they go through during property transactions at the Ministry of Lands.
As has been said before, such challenges can easily be dealt with through computerisation of land documents as provided for in the new Land Registration Act.
Computerisation would shorten transaction time, eliminate disappearance of documents, install a file tracking system and guarantee faster results of official searches.
Embracing technology will also guarantee improved access to information and ensure data availability for transactions, valuation, taxing and planning.
The last time I checked, official searches could not be easily done on some Government Lands Act (GLA) volumes due to dilapidated state of the records.
According to a paper titled, Automation of Kenya’s Lands Records by Cesare Mbaria, reconstruction of the GLA records is necessary before any automation can be carried out.
Automation of such property records by creating a Document Management System (DMS) for authenticated cadastral survey plans countrywide would ensure efficiency. According to the paper, a DMS would guarantee easy storage, retrieval, secure storage and back up. It would also provide a one-stop-shop for obtaining a survey plan.
There would also be no movement or misplacement of survey plans. They can also be used by several officials a time for quality control checks.
A file tracking system would reduce time taken to retrieve settlement plot files, help keep timeliness in transactions and reduce cases of missing files.
According to the Land Registration Act, registries countrywide can transform from manual records into digital.
The law provides that the registrar shall maintain a register and any other document in a secure, accessible and reliable format, including electronic files and an integrated land resource centre.
The Act provides that the land register must contain the name, personal identification number, national identity card number and address of the proprietor.
And incase of a body corporate, the name, postal and physical addresses and a certified copy of certificate of incorporation.
Other requirements are personal identification numbers, passport size photographs of people authorised and where necessary, attesting the affixing of the common seal.
Others are names and addresses of previous proprietors, size, location, user and reference number of the parcel and any other particulars that the registrar may determine.
And subject to the constitution and any other law regarding freedom of and access to information, the registrar can make any information in the register public electronically or through any other means.
— The writer is an advocate of the High Court
