Ardhisasa system, which was unveiled on 27th April 2021 by the
President, seeks to resolve the historical problems experienced by Kenyans when
undertaking transactions with the lands registry by easing access and providing
a robust, stable and secure platform where transactions can take place in the
click of a button. However, there're many things Kenyans does not know about
Ardhisasa. In random survey the following are the main questions Kenyans are
asking about Ardhisasa.
Serial number in the registration process.
During registration you will be asked to provide serial number. This is
simply the serial number in the identification card. In case you renewed your
identification card, you need to use the serial number of your renewed I.D. If
you encounter difficulties during registration because of the serial number, it
may be because the old serial number is still in use, in which case you will
have to visit Huduma Centre near you for assistance.
Can one register law firm in the system?
Ardhisasa give you platform where you can register as law firms or even
corporate however, some services require that they be initiated by a
professional and in that case, one has to register as professional before
initiating such transaction/service.
How to upgrade account
Only four categories of professional are on the platform and they are
the ones who can be their private account. These are: advocates; licensed
surveyors; registered physical planners; and registered county physical
planners. To upgrade an account follow this step;
Login to Ardhisasa platform. CLICK account, upgrade account, select the
profession, enter registration number, upload registration certificate and
other relevant documents, verify and submit. A notification will be sent to
your phone or email upon approval.
How to deal with allotment letters where the owners are yet to propose
the title deed
The service is available on Ardhisasa platform under the National Land
Commission Services. Title processing arising from letter of allotment shall be
initiated through platform as long as payments have not been effected.
What happens to misplace leasehold files from other counties
Missing of land records is one of the main reason why the government
launched Ardhisasa. Ministry is addressing and shall continue to address the
issue of missing land records. Where the records are not traced, the process to
reconstruct shall follow. Going forward, there shall be no issues of missing
files because all the records shall be kept in digital format.
Will title be issued physically or digitally?
Applications shall be made, received, and processed on an electronic
format through Ardhisasa platform. However, the Land Registration Act, 2012,
recognizes a certificate of Lease and a certificate of title. In that regard, a
physical paper title, shall be generated and issued as prove of ownership.
Transaction which has been initiated by on NLIMS under E-citizen
The old LIMS was shut down before the launch of the current system.
(Ardhisasa/NLIMS). However, the ongoing transactions received by the ministry
before the launch shall be completed through the normal process.
Cost for on demand surveyors
Government of Kenya/Ministry of Lands and Physical Planning. The costs
of surveying and geo-referencing incurred by the Ministry shall be in relation
to already registered sectional properties under the registration of documents
act. Additionally, the Ministry has set aside a team of surveyors to handle the
issues of survey on demand
Can system allow search on title without uploading
Ardhisasa is independent and has no connection with e-citizen. In
conducting a search, the critical issue is the parcel number and getting
approval/consent of the registered proprietor. Uploading a copy of the title is
no longer a requirement in conducting a search in the system
How to rebook existing transfer
A transaction that has already commenced and some steps have taken place
can only be done manually as before. Transactions in the system require that
every step be done through the system.
Conversation of land parcel stages
It is good to note that the cadaster for Nairobi County is already done.
The whole of Nairobi has been divided into blocks. The conversion of LR numbers
into blocks is currently ongoing. The ministry has developed a manual to guide
the process and the same shall be made public in due course. Digitization has
simplified the conversion process as shown below.
1. Preparation of cadastral maps
together with a conversion list indicating new and
old numbers for parcels of land within a registration unit or
registration section/
block and their corresponding acreages.
2) Publication of the cadastral maps together with a conversion list in
the Kenya
Gazette and two daily newspapers and announcement on radio with wide
coverage, inviting property owners to make the application. This is per
Regulation 4(4) of the Land Registration (Registration Units) Order,
2017
3) Lodgment and consideration of complaints. Any interested party can
complain
through the registrar and case be solved within 90 days.
4) Closure of old registers and commencement of transactions in the new
register
5) Application for replacement of title documents from the old
registers.
What is OTP and reason why you may not be getting OTP
In full OTP is (One Time Pin) which is an added security measure that
ensures you are in control of the logins required in the system.
OTP code is sent to your phone. If you are not receiving OTP codes on
your phone it means you have blocked your phone from receiving promotional
messages. You can simply unblock the promotional messages
Services offered at survey and mapping department
Amalgamation: means consolidation/combining of two or more parcels
of land into one, and may include the creation of a public access road, usually
via a scheme plan.
New Grant: means the alienation of government land to effect the
acquisition of the land to a new entity in the first registration of the
property. Alienation is effected through a letter of allotment and Part
Development Plan (PDP) from National Lands Commission (NLC) and Physical
planning respectively.
Subdivision: means the division of one parcel of land into two or
more parcels, and may include the creation of private or public roads.
Re-survey: means a request to the department of survey to do a new
survey on an already surveyed parcel of land to confirm the boundaries.
What is the certificate of lease?
A certificate of lease refers to Leasehold title or leasehold Land and
this refers to the ownership document for a leasehold property.
Can share transfer for ordinary share private company be done on Ardhisasa?pany be done on Ardhisasa?
Ardhisasa deals with property. No. Share transfer is registered by the
registrar of companies, and Excise duty is charged by the Kenya Revenue
Authority, hence cannot be handled by the Ministry of Lands and Physical
Planning. You can only register and make application to the Ministry for
services done by the Ministry.
Process of acquiring land title
1. Obtain Official land search
2. Obtain land transfer documents.
3. Obtain valuation for stamp duty.
4. Stamp duty payment
5. Land Registration.
You can see here for
detail steps
You should note that this can only be done through advocate.
Difference from removing a caution and withholding a caution
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.
Removal of Caution is when the registered proprietor applies for a
caution placed on his property by a third party to be removed, whereas
withdrawal of caution is when the person who placed the caution seeks to have
it removed.
The registrar shall give notice in writing of a caution to the proprietor
whose land, lease or charge is affected. So long as the caution remains
registered, no disposition which is inconsistent with it shall be registered,
except with the consent of the cautioner or by order of the court.
Meaning of peppercorn in rent
Where rent is indicated as Peppercorn it means that no rent is payable
although the property is leasehold.
Where is it indicated on the title whether it is a leasehold or freehold
A leasehold title is indicated as Certificate of Lease and it shows term
and rent. A freehold Title is indicated as Title Deed and has neither term nor
rent.
Land rates calculation
Land rent penalties are charged at one percent per month.
How to make application for transfer of change?
Kindly note, for accountability and credibility, these applications are
applied for by an advocate on your behalf, kindly contact an advocate/lawyer in
order to access this service
How to do search on land which is under the mother's name
In order to get a search result, the owner has to register in the
system, navigate to the Add property section and add the property in question
and once this information is verified by the ministry, you should be able to
conduct a search. Kindly note that the search results have to be verified by
the owner in order to be availed to you
How to search jointly property
Under the Add property section, kindly select on the joint ownership
option and add the parties holding the property jointly.
Can foreigners register in Ardhisasa.
Ministry is in the process of integrating Ardhisasa with the Immigration
department so that we can be able to get verified personal information to make
it possible for customers to transact.
Who can own land in Kenya
Section 40 of the Constitution of Kenya stipulates that every person has
right to own land of any description in any part of Kenya. The National Land
policy 1.5.1 (7), (c), (d) put more emphasis on gender equity and land rights.
Conclusion.
Ardhisasa system is created in such a manner that all users must
register to do any kind of transaction. For many other question kindly feels
free to reach us at premier and we shall give you all the information you need.
