Ardhisasa is an online platform that allows Citizens, other stakeholders and interested parties to interact with land information held and processes undertaken by Government. It has been developed jointly by the Ministry of Land and Physical Planning (MoLPP) and the National Land Commission (NLC) and key partners in Government. It allows the lodgment of applications for various services offered by the Ministry and the Commission. The applications are handled through the platform and responses presented through it.

Myshambadigital is an online platform that allows for the lodgment of applications for various services offered by the Ministry of Lands and the National Land Commission. These services include:

1. Individual and company registration services to the ardhisasa platform.
2. Registration of cautions, charge, leases, certificate of leases and titles, replacement of title, restriction, search, stamp duty and transfer.
3. Land administration services i.e. subdivision of land, extension of lease, change of user, consent, lease preparation, extension of user and renewal of leases.
4. Physical planning including approval of part development plans, plan preparation and certificate compliance.
5. Survey and mapping including subdivision, amalgamation, new grant, resurvey, sectional property, extension of lease and change of use.

Valuation including asset valuation, government leasing, government purchase, estate administration and arbitration

Article 67(2) of the Constitution of Kenya 2010 provides for the functions of the National Land Commission. These functions are listed below. 

1. To manage public land on behalf of the national and county governments;
2. To recommend a national land policy to the national government;
3. To advise the national government on a comprehensive programme for the registration of title in land throughout Kenya;
4. To conduct research related to land and the use of natural resources, and make recommendations to appropriate authorities;
5. To initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress;
6. To encourage the application of traditional dispute resolution mechanisms in land conflicts;
7. To assess tax on land and premiums on immovable property in any area designated by law; and

To monitor and have oversight responsibilities over land use planning throughout the country. tellus, luctus ullamcorper mattis, pulvinar dapibus leo.

Section 34 of the Land Registration Act, 2012 provides for searches and copies. It provides that a person, who requires an official search in respect of any parcel, shall be entitled to receive particulars of the subsisting entries in the register, certified copies of any document, the cadastral map, or plan filed in the registry upon payment of the prescribed fee.

Regulation 86 (1) of the Land Registration (General) Regulations, 2017 provides that a person who wishes to conduct an official search shall apply in Form LRA 84 set out in the Sixth adipiscing elit. Ut luctus nec ullamcorper mattis, pulvinar dapibus leo.

Regulation 86 (3) of the Land Registration (General) Regulations, 2017 provides that the Registrar shall furnish, upon receiving the application under paragraphs ( I ) or (2), a certificate of official search of the details in contained in the register in Form LRA 85 set out in the Sixth Schedule.

Regulation 86 (2) of the Land Registration (General) Regulations, 2017 empowers the Registrar to make such alterations as he deems just to the prescribed form under paragraph (1) for the purpose of facilitating an electronic search.

The Land Registration Act, 2012 defines a caution as a notice in the form of a register to the effect that no action of a specified nature in relation to the land in respect of which the notice has been entered may be taken without first informing the person who gave the notice; or a caveat

The Land Registration Act, 2012 defines a charge as a

1. An interest in land or a lease securing the payment of money or money’s worth or the fulfillment of a condition;
2. A sub-charge; and
3. The instrument creating a mortgage or other charge.

The Land Act, 2012 defines a lease as the grant, with or without consideration, by the proprietor of land of the right to the exclusive possession of his or her land, and includes the right so granted and the instrument granting it, and also includes a sublease but does not include an agreement for lease.

The Land Registration Act, 2012 defines a lease as

1. a lease or sublease, whether registered or unregistered of land; or
2. a short-term lease or agreement to lease

The Land Registration Act, 2012 defines a restriction as an interest registered under Section 76 of the Act and includes the Registrar’s caveat.

The Land Registration Act, 2012 defines a transfer as

1. The passing of land, a lease or a charge from one party to another by an act of the parties and not by operation of the law; or
2. The instrument by which any such passing is effected.

The Land Registration Act, 2012 defines a transfer as the passing of land, a lease or a charge from one party to another by an act of the parties and not by operation of the law and includes the instrument by which such passing is effected.

A transferor is a person who passes the land, lease or charge by an act of transfer.

A transferee is a person who receives the land, lease or charge passed by an act of transfer

Section 33 of the Land Registration Act, 2012 provides for the procedure where a certificate of title or certificate of lease is lost or destroyed. The proprietor may apply to the Registrar for the issue of a duplicate certificate of title or certificate of lease, and shall produce evidence to satisfy the Registrar of the loss or destruction of the previous certificate of title or certificate of lease.

 The Registrar shall require a statutory declaration to be made by all the registered proprietors, and in the case of a company, the director, where property has been charged, the chargee that the certificate of title or a certificate of lease has been lost or destroyed.

 If the Registrar is satisfied with the evidence proving the destruction or loss of the certificate of title or certificate of lease, and after the publication of such notice in the Gazette and in any two local newspapers of nationwide circulation, the Registrar may issue a duplicate certificate of title or certificate of lease upon the expiry of sixty days from the date of publication in the Gazette or circulation of such newspapers; whichever is first.

Regulation 27 of the Land Registration (General) Regulations 2017 provides that a person whose instrument is lost, destroyed or misplaced shall apply for a replacement in Form LRA 12 set out in the Sixth Schedule and the application shall be supported by such evidence as is required under section 33 of the Act. Upon receipt of an application under paragraph (l), the registrar shall, by a notice in the Gazette in Form LRA 13, notify the public of the loss, destruction or misplacement. Where an instrument that has been lodged at a registry is lost, destroyed or misplaced, the Registrar shall notify the registered proprietor, in writing, of such loss, destruction or misplacement for purposes making an application under paragraph (l).

If a lost certificate of title or certificate of lease is found, it shall be delivered to the Registrar for cancellation.

Section 46 of the Land Registration Act, 2012 provides that an instrument required by law to be stamped shall not be accepted for registration unless it is stamped in accordance with the Stamp Duty Act, (Cap. 480).

Section 39 of the Land Registration Act, 2012 provides that the Registrar shall not register an instrument purporting to transfer or create an interest in land, unless a certificate is produced with the instrument, certifying that no rent is owing to the national or county governments in respect of the land

Section 22 of the Land Registration Act, 2012 provides that upon the application of a proprietor of a parcel for the division of that parcel into two or more parcels, and authentication of the cadastral map, the Registrar shall effect the division by closing the register relating to the parcel and opening new registers in respect of the new parcels resulting from the division, and recording in the new registers all subsisting entries appearing in the closed register: Provided that nothing shall be done under this section that would be inconsistent with the provisions of this Act or any other written law.

Change of user is a process that allows land to be changed from one category of user to another in order for it to be put for its intended purpose e.g. agricultural land to commercial

Where the land in question is agricultural in nature and the proprietor intends to use it for other purposes, the proprietor should apply for change of user of land from agricultural to residential

The relevant county government upon considering comments from the Director of Physical Planning appointed under section 4 of the Physical Planning Act Chapter 286 grants a change of user.

Section 22 of the Land Registration Act, 2012 provides that subject to authentication of the cadastral map, if contiguous parcels are owned by the same proprietor and are subject in all respects to the same rights and obligations, the Registrar, on application by the proprietor, may combine these parcels by closing the registers relating to them and opening a new register or registers in respect of the parcel or parcels resulting from the combination.

The Sectional Properties Act, 2020 an Act of Parliament to provide for the division of buildings into units to be owned by individual proprietors and common property to be owned by proprietors of the units as tenants in common and to provide for the use and management of the units and common property and for connected purposes.

The Sectional Properties Act, 2020 shall apply only in respect of land held on freehold title or on a leasehold title where the unexpired residue of the term is not less than twenty-one years and there is an intention to confer ownership.

The Sectional Properties Act, 2020 defines the term user as the purpose for which a building or unit is to be used and for which development permission has been granted by the County Government.

Who is a developer?The Sectional Properties Act, 2020 defines the term developer as a person who, whether alone or in conjunction with another person, sells or offers for sale to the public units or proposed units that have not previously been sold to the public.

The procedure for the sub-division of buildings into units is provided for under section 4 of the Sectional Properties Act, 2020. It provides for the following:

1. An existing structure may be designated a building containing a unit or part of a unit or divided into two or more units by the registration of a sectional plan prepared, by a surveyor, from a building plan that has been approved by a county government.
2. A surveyor shall not prepare a sectional plan unless he is presented with proof of ownership of the parcel or unit to which the sectional plan shall apply.
3. A sectional plan shall be accompanied by an application for registration by the corporation and a list of the persons who are the owners of the units in the parcel which shall be updated from time to time on need basis.
4. The Registrar shall not register a sectional plan unless the sectional plan describes two or more units in it; and is presented for registration in quadruplicate.

Section 39 of the Land Registration Act, 2012 provides that the Registrar shall not register an instrument purporting to transfer or create an interest in land, unless a certificate is produced with the instrument, certifying that no rent is owing to the national or county governments in respect of the land.

Section 39 of the Land Registration Act, 2012 provides that the Registrar shall not register any instrument purporting to transfer or to vest any land, a lease of land, situated within the area of a rating authority unless, a written statement, by the relevant government agency, certifying that all outstanding rates and other charges payable to the agency in respect of the land including rates and charges for the last twelve months and up to the date of request for transfer have been paid there is produced to the Registrar

Section 7 of the Land Act, 2012 provides for the following as methods of acquisition of title to land:

1. allocation;
2. land adjudication process;
3. compulsory acquisition;
4. prescription;
5. settlement programs;
6. transmissions;
7. transfers;
8. long term leases exceeding twenty one years created out of private land; or
9. any other manner prescribed in an Act of Parliament

 Section 27 of the Land Registration Act, 2012 provides for transfers without valuable consideration. A proprietor who has acquired land, a lease or a charge by transfer without valuable consideration shall hold it subject to any unregistered rights or interests subject to which the transferor held it; the law relating to Bankruptcy; and the winding-up provisions of the Companies Act, (Cap. 486). The transfer when registered shall have the same effect as a transfer for valuable consideration.

Section 134 of the Land Act, 2012 provides for the establishment of settlement schemes. The National Land Commission is empowered, on behalf of the national and county governments, to implement settlement programmes that provide access to land for shelter and livelihood. Settlement programmes shall, for the purposes of the Act, include, but not be limited to provision of access to land to squatters, persons displaced by natural causes, development projects, conservation, internal conflicts or other such causes that may lead to movement and displacement.

The general powers of land registrars, chief land registrar, county land registrars or any other land registrars are:

1. Requiring any person to produce any instrument, certificate or other document or plan relating to the land, lease or charge in question, and that person shall produce the same;
2. Summoning any person to appear and give any information or explanation in respect to land, a lease, charge, instrument, certificate, document or plan relating to the land, lease or charge in question, and that person shall appear and give the information or explanation;
3. Refusing to proceed with any registration if any instrument, certificate or other document, plan, information or explanation required to be produced or given is withheld or any act required to be performed under this Act is not performed;
4. Causing oaths to be administered or declarations taken and may require that any proceedings, information or explanation affecting registration shall be verified on oath or by statutory declaration; and
5. Ordering that the costs, charges and expenses as prescribed under this Act, incurred by the office or by any person in connection with any investigation or hearing held by the Registrar for the purposes of this Act shall be borne and paid by such persons and in such proportions as the Registrar may think fit.

Disposition is

1. a sale, charge, transfer, grant, partition, exchange, lease, assignment, surrender, or disclaimer and includes the creation of an easement, usufructuary right, or other servitude or any other interest in land or a lease and any other act by an owner of land or under a lease whereby the person’s rights over that land or lease are affected; or
2.  

an agreement to undertake any such disposition

Geo-referencing refers to the reference of an object using a specific location either on, above or below the earth’s surface; “head lease” means a lease in respect of which a sublease is entered into.

Land administration means the process of determining, recording, updating and disseminating information about the ownership, value and use of land

Lender means a person to whom a charge has been given as security for the repayment of an advance of money or money’s worth or to secure a condition

Lessee means a person to whom a lease is granted or a person who has accepted a transfer or assignment of a lease

Lessor means a person by whom a lease is granted and includes a person who has accepted the transfer or assignment of the reversion of a lease

Licensee means the person occupying land in accordance with the terms of a licens

 Licensor means the person granting or giving a licence.

Lien means the holding by a lender of any document of title relating to land or a lease as security for an advance of money or money’s worth or the fulfillment of a condition

Partition means the separation, by legal instrument, of the share in land or a lease held by owners in common so that each owner takes their share free of the rights of the others.

Proprietor means—

1. in relation to land or a lease, the person named in the register as the proprietor; and
2. in relation to a charge of land or a lease, the person named in the register of the land or lease as the person in whose favour the charge is made.

Restrictive agreement means—

1. a restrictive covenant; or
2. an agreement by an owner of land restricting the building on, use or other enjoyment of that land for the benefit of the owner of the land or neighboring parcel of land.

Transmission means the passing of land, a lease or a charge from one person to another by operation of law on death, insolvency or otherwise.

A surveyor means a Government surveyor or a licensed surveyor

The duties of the Land Surveyors’ Board are—

1. to conduct the examination of candidates for admission as licensed surveyors in accordance with the provisions of this Act;
2. to grant licences in accordance with the provisions of this Act;
3. to keep a register of all licensed surveyors;
4. to take disciplinary proceedings against licensed surveyors in accordance with the provisions of this Act;
5. to hear and determine any dispute between any licensed surveyor and his client as to the fees charged by the licensed surveyor;
6. to hear and determine any dispute between the Director and a licensed surveyor as to the application of any regulations in which provision is made for reference to the Board;
7. to advise the Director on all matters relating to cadastral surveys in connexion with the registration of land or of title to land under any written law for the time being in force relating to the registration of land or of title to land.

A valuer means a valuer registered and licensed to practice as a valuer in accordance with the Valuers Act. A practising valuer means a person who carries out and prepares valuations in respect of any type of movable or immovable property

A registered valuer means a person whose name is for the time being entered on the register

The Valuers Registration Board has the responsibility of regulating the activities and conduct of registered valuers in accordance with the provisions of this Act

The Valuers Registration Board has the responsibility of regulating the activities and conduct of registered valuers in accordance with the provisions of this Act.

Unless the contrary is expressed in the register, all registered land shall be subject to the following overriding interests as may for the time being subsist and affect the same, without their being noted on the register—

1. Spousal rights over matrimonial property.
2. Trusts including customary trusts.
3. Rights of way, rights of water and profits subsisting at the time of first registration under this Act.
4. Natural rights of light, air, water and support.
5. Rights of compulsory acquisition, resumption, entry, search and user conferred by any other written law.
6. Leases or agreements for leases for a term not exceeding two years, periodic tenancies and indeterminate tenancies.
7. Charges for unpaid rates and other funds which, without reference to registration under this Act, are expressly declared by any written law to be a charge upon land.
8. Rights acquired or in process of being acquired by virtue of any written law relating to the limitation of actions or by prescription.
9. Electric supply lines, telephone and telegraph lines or poles, pipelines, aqueducts, canals, weirs and dams erected, constructed or laid in pursuance or by virtue of any power conferred by any written law; and
10. Any other rights provided under any written law.