Ardhisasa is an online platform that allows Citizens, other stakeholders
and interested parties to interact with land information held and processes
undertaken by Government.
Ardhisasa is an online platform that allows Citizens, other stakeholders
and interested parties to interact with land information held and processes
undertaken by Government. At the click of a button, users will now be able to
search and carry out various land transactions, drastically reducing human
interactions, delays and other inconveniences previously experienced at manual
land registries.
Land registration is the official recording of legally recognized
interests in land and is usually part of a cadastral system. Legally, this is
different from deeds registration, where the documents filed in the registry
are the evidence of title, and registration of title, in which the register
itself serves as the primary evidence.
Cadastral is a map showing the extent, value, and ownership of land,
especially for taxation. Speaking about the conversation of land and the
important of cadastral map for the process, the cabinet secretary for land and
physical planning, Farida Karoney stated that the process starts with
preparation of cadastral maps and the conversion list indicating new and old numbers
for parcels within a registration unit, and their corresponding acreage.
Cadastral maps are very detailed, indicating size, ownership and ownership
changes, providing a continuous record.
To access any land services in Kenya from the Ministry of Lands,
Ardhisasa is the right platform. Unlike the old days when things were done
manually, you can access the services anywhere and instantly. Simply register
an account, then log in to the platform to request the service you need.
Therefore, when you get into Ardhisasa platform, there are six services tabs
which you can easily access depending on the services one may want. Below is
the summary for those services.
Under land registration: Registration of a certificate of either
titles or leases, replacement of titles, a search of the property and various
charges and transfer of property.
Land Administration. Subdivision of land, extension or renewal of the
lease, change of user, lease preparation, and subdivision of property.
Physical planning. Approval of part development plans, plan preparation
and certificate of compliance.
Survey and mapping. Search for sectional property, application of new
grants, amalgamation (merging) of property and also an application for
re-survey.
Valuation: asset valuation, government leasing, government purchase,
estate administration and arbitration.
Adjudication and settlement. Users can access formal judgment on a
disputed case as well as settlement agreements.
National Land Commission. Users can access land allocation services.
For this particular articles we are going to look at land registration
and services related to land registration that you will likely want when
interacting with Ardhisasa. These services are greatly being informed by the
Land Registration Act which gives provision on Certificate of title and
Certificate of lease, production of certificates, procedure for claiming
indemnity, transitional provisions on rights, liabilities and remedies of parties
over land among others.
Under land registration tab:
Like most government service-oriented digital platforms, the NLMS system
commonly known as Ardhisasa is self-service. This is to eliminate the presence
of third parties, thus reducing the risk of fraud, reduce the risk of missing
files which has been a problem in the land sector for ages. Therefore, as in
other tabs, below are the services which you can easily get under land
registration tab
1) Application for issuance of cautions and
restrictions and registration of executors
A Caution is 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. A Caution is registered in order to protect the interests of a
party claiming to have a proprietary interest in a property.
Documents to apply caution
v Caution application form (3 original)
v Letter from area chief (copy)
v PIN certificate (copy)
v Identity card
v Passport (original)
2) Leases – short term and long term
A lease is a contract outlining the terms under which one party agrees
to rent an asset—in this case, property—owned by another party. It guarantees
the lessee, also known as the tenant, use of the property and guarantees the
lessor—the property owner or landlord—regular payments for a specified period
in exchange. A short-term lease generally refers to a lease that is either
month-to-month, for three months or anything up to six months, while a
long-term lease is anything longer than six months.
Registration of title deeds and leases
The process of transferring a title deed is as follows:
v the purchaser obtains a land rent clearance certificate
v The seller then needs to apply, pay and obtain a rates
clearance certificate from the county office in which the land is located. The
certificate cost around Ksh 10,000.
v Apply for a search on the title deed which takes not more
than 3 working days at a cost of Kshs 500.
v The seller then needs to apply for and obtain the consent
to transfer from the National land commission. The document costs about Kshs
1,000 and takes not more than 2 weeks.
v Valuation of the land by government valuer to ascertain the
amount to be paid as stamp duty.
v Paying the stamp duty, the amount indicated on the
valuation report is then to be paid to the commissioner for Domestic taxes
(KRA) and the payment receipt presented as proof.
v The final step of the transfer is to lodge stamped transfer
documents for registration at the local land office. This process takes no more
than 2 weeks. and title deed is a document that proves ownership and legal
right over a piece of land.
3) Replacement of title deeds
Following the closure of the old registers, the Registrar is obliged to
give announcement to Kenyans on the replacement of the titles. The Order
provides a specific form (Form LRA 97) to be used by land owners applying for
the replacement of their old title documents. The completed application form
will need to be accompanied by the person’s original title document, KRA pin,
applicant photograph, a certified copy of their national identity card or
passport, or similar details of directors, in the case of companies.
1) Report and obtain a police abstract from
the nearest police station.
2) Apply for a search of the lost title
deed
3) Place a caveat protecting your property
from illegal transactions
4) Filing of a statutory declaration
5) Publishing of your name in the Kenya
Gazette
6) Confirmation of whether the title deed
replacement procedure was dully followed
7) Green Card and White Card entries. A
green card is issued when the land is freehold. A white card issued when the
land is leasehold.
4) Land searches and transfer of title
Land search is an application made to find out the ownership details of
a property, and other interests that have been registered on that property.
Process of doing land search on Ardhisasa.
v Log into your account using your ID number and your
password.
v On the left hand side click on services.
v Under land registration option, click search.
v Click on new application.
v Under search details enter the parcel number and click add
parcel. Ensure to use the correct title number or parcel number.
v Enter the purpose for search.
v Select scope of search which is either particulars of the
subsisting entries in the register or particulars noted on the property section
/ proprietorship section / power of attorney register / registered documents
register. Click next to proceed.
v Confirm details and submit.
The cost.
Kenya online search is a paid feature, which costs Ksh 500 per search.
The money is payable through M-PESA, ATM card, or credit card. The payment
platform is fully integrated into the Ardhisasa platform, with all the
instructions on how to pay provided.
Conclusion.
While in the past, land registration has been more hectic and confusing
leaving holes where the cartels are taking money from the citizens, the
ministry of land is in the process of moving land sector into digital system
with an aim of making work easy for its service provision. The process will now
be easier since you will be able to do most of the steps online. This
means that there will be a new process that will be fast and easy. We premier
will still bring you the latest development in the land sector. We will be able
to assist you for any services you may require.
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