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FAQs

Frequently Asked Questions

Conversion is the process of migrating all parcels from the repealed land registration statutes to a unitary regime under the Land Registration Act, 2012.

It entails the following: (i) Preparation of cadastral maps together with a conversion list, (ii) Publication of the cadastral maps together with a conversion list, (iii) Lodgment and consideration of complaints, (iv) Closure of old registers and commencement of transactions in the new register (v) Application for replacement of title documents from the old registers.

The date is captured in the Gazette Notice No. 11348 of December 31, 2020. It is also indicated in an advert appearing in the MyGov pullout of The Star of 12th January, 2021. This is in respect of parcels within Nairobi City County. The Ministry aims to complete the migration process in the entire Country by December, 2022.

 

A land owner will be required to present an application to the Registrar in Form 97 and attach thereto the original title and copies of their identification documents.

No. Deed plans shall be replaced by RIMs (Registry Index Maps) as registration instruments. Boundaries will thus not be affected because RIMs are generated from existing survey plans.

The survey maps will be made available to you on request.

The conversion process does not affect ownership. Your title shall be replaced with a title under the Land Registration Act, 2012. In any case the replaced (old) title will be placed under safe custody by the registrar.

The complaint is submitted in writing to the registrar in Form LRA 96 in respect of information contained in the conversion list and the cadastral maps.

The law requires a registrar to resolve the complaints submitted within 90 days. A complainant can also apply to the registrar in Form LRA 67 for registration of a caution pending the clarification or resolution of any complaint.

Gazette Notice on conversion, publication of the cadastral maps together with a conversion list in daily newspapers, Cabinet Secretary’s specification of date for commencement of transactions or dealings within the registration unit and replacement notices in newspapers and radio announcements.

 
Title documents held by third parties including banks, hospitals, courts etc. shall ONLY be replaced on the application by a proprietor. The proprietor will thus have to liaise with the third party to facilitate the replacement process.



 
No, the conversion process does not involve changes in ownership.
 

All prescribed forms under the Land Registration Act, 2012 can be downloaded from the Ministry’s website under the “Resources” tab.   

 
  • Right to participate in economic activities in the country
  • Right to preserve their cultural way of life in line with article 11 of the Constitution
  • Right to representation in land governance institutions and participation in land related decision making processes.
  • Right of access to the shore lines of lakes and rivers and public fish landing sites for fishing communities to enable them carry out their economic activities
  • Right of access to community forests for hunter gatherers communities to sustain their livelihoods.
  • Right of access to communally held land for grazing purposes for the Pastoral communities


 


 
The Constitution defines a “marginalized group” as a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the following grounds; including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
 
The Constitution defines a “marginalised community” as ;

  • A community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole; or
  • A traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; or
  • An indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or 
  • Pastoral persons and communities, whether they are nomadic or a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole.
 
The constitution of Kenya defines an ‘adult’ as an individual who has attained the age of eighteen years. For the purpose of determining rights accruing to the youth, there is need to appreciate that the constitution regards youths as adults and thus;

Each youth has the right to ownership, access and control of land and property.
Though the right to inherit from their parents is discretionary, in the event of inheritance by the siblings, both daughters and sons have equal rights.
 
Orphans have the right to access and use their parents land and property whether or not it is held in trust by an appointed and responsible adult member of the immediate family. Upon reaching the age of 18, they have the right to be registered as the rightful owners of land and the properties previously held by their deceased parents.