The Ministry of Lands has made public the Land Registration (Electronic Land Transactions) Regulations, 2019, formulated to guide Kenyans on the use of its online portal to carry out digital and transactions.
According to the ministry, the regulations only apply to Nairobi County lands registries. The platform is expected to give the public access to information maintained electronically.
“All registry transactions under the Act shall be carried out through the electronic registry system in the registries set out in the Schedule,” the regulations state.
The public will be able to conduct a search on the current status of a parcel or perform a historical search via the ministry’s online platform.
The document explains that a current status search shall produce results including ownership, size, encumbrances, inhibitions, unregistered dealings and payment of land rent for that parcel of land.
A historical search shall provide a history of computer folio and list all transactions that should be availed in chronological order together with the status and status date for each entry.
The platform will enable the public to perform three categories of transactions;
“(a) the extraction, retrieval or accessing of any document, record or information maintained by the Registrar under the Act;
(b) the filing or lodging of any document with the Registrar or the submission, production, delivery or furnishing or sending of any document to the registrar under the Act; or
(c) the making of any application, submission or request to the Registrar under the Act.”
Accessing services through the platform will require users to create accounts. The regulations permit individuals, corporates, partnerships or other entities to create user accounts by making an online application pending approval by the Chief Land Registrar.
“The Chief Land Registrar shall determine, in writing, and avail to the public the user requirements and the terms and conditions…A person shall not access information maintained electronically without a user agreement,” it states in part.
“Upon completion of processing, the Registrar shall make available to applicants the results of their applications electronically within the dashboards of the applicants while ensuring confidentiality and protection of privacy of the applicants,” the document says.
The regulations state that the registrar may from time to time consult the manual records and also gives users the responsibility to manually lodge documents that cannot the lodged electronically including certificates of title which is required in original form.
In addition, the platform will enable users to make payments for online land transactions, including valuations electronically through existing online government payment platforms.
Last year, members of parliament’s committee on delegated legislation canceled the laws after lawyers moved to court in protest terming it illegal.