LSK cancels plan to oppose online land transfers

Law Society of Kenya has earlier faulted the online land transfers. [File, Standard]

The Law Society of Kenya (LSK) have rescinded their decision to oppose the digitisation programme after meeting lands officials yesterday.

LSK’s decision is poised to avert a possible legal showdown that was looming.

In a statement Lands PS Nicholas Muraguri revealed the new system is only administrative and expedites processing of documents.

“The conveyancing and security instruments such as transfers, charges and discharges which are by law required to be prepared by qualified persons will continue to be so drawn,” said Muraguri.

The lawyers on Thursday issued an ultimatum for the ‘illegal online land transfers’ to be stopped arguing it was only them mandated to execute conveyancing processes.

In a letter to Lands CS Farida Karoney, LSK Chair President Allen Gichuhi threatened to sue the Ministry on Monday as the newly launched system locked lawyers from crucial land processing procedures.

LSK also argued unscrupulous people could use the system to transfer properties using forged spousal consents or those prepared by Land Control Board without the physical presence of the applicants.

The Lands Ministry has however said this will be possible as the various consents will be obtained through the requisite laws and governing documents before being uploaded into the system.

“The consents to be issued online by the Ministry relate to Leasehold properties where the National Government is the head lessor,” added Muraguri.

The Lands Ministry and Law Society of Kenya have agreed to form a joint committee to develop guidelines for the online transaction of land.