The Ardhisasa online system developed to ease
land transactions has been with us for a few months. As with any new system, its
usage comes with some challenges. As anticipated, land professionals, land
owners and other users who have used the system have had mixed experiences
with it. This ranges from registration, upgrading of the account, missing
files among others.
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While Ardhisasa is an excellent system
which will put Kenya on a global scale in terms of land management,
the challenge like the validity and completeness of data, stemming from
decades of graft in the Ministry and improper storage of land records are
some of the challenges that the newly launched system is facing. There are
cases where some title deeds have been allocated on road reserves and
other categories of public some files are missing and others have
deteriorated with time making it difficult to ascertain ownership. Therefore,
with the launch of a new system, there are usually adoption challenges.
In the immediate the following are the anticipated challenges.
1. Initial delay.
While the digitalized land recording system
aim was streamline land transactions and ownership easing the frustrations
of property owners and buyers such as queueing for long hours at land
offices countrywide, there is a big delay in the initial stages. Delays
in processing requests for account upgrades for its members and lack of
clarity in processing transactions to Nairobi properties that are
offline
2. Illiteracy
By registration to the system, a user is
deemed to have accepted the terms and conditions and will equally be bound
by the same. This includes willingness to use the system. However, the
system can only benefit the people who can use the computer or phones,
leaving many Kenyans exposed in the hand of the conmen.
3. Restricted
searches:
With limited searches on the Ardhisasa
platform, the public, investors and practicing professionals and even Kenyans
in general will have difficulties where they seek to conduct official
searches without the proprietors’ consent. Valuers and Banks will
for instance face difficulties in searching and doing due diligence for
properties targeted for forced sale by lending institutions. Owners to
such properties are unlikely to give permission for searches to be
conducted against their properties.
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4. Lack of sufficient
infrastructure at the county level.
With this system heading into the counties,
key concern has been raised on the preparedness by the counties for this
reforms. Many counties have insufficient infrastructure to store, process
and disseminate electronic data real-time. In some places, there will be
need to require extra/secure physical space and/or reliable power. There
will also be concern to develop guidelines with information on issues relating
to standards, formats, security and dissemination of information in the
system for ease of reference or use by users or institutions planning to
develop sub-systems compatible with the national system.
Short timelines.
The timelines shared by the government to
complete the digitization in the whole country is unrealistic. Given that
the uploading of records must be preceded by the conversion of title
deeds, it is not in doubt that the process to attain national
coverage will go far beyond the provided December 2022 deadline
5. Feasibility of the
system
While the efforts to digitize land
transactions are highly welcome, users of the NLIMS have expressed
concerns over its feasibility based on a number of challenges experienced
like difficulties in registering & upgrading of professional accounts
among other problems.
6. Confusion on the
award of titles
In full operation, the repealed land
registration laws such as Government Lands Act (Cap. 280), the
Registration of Titles Act (Cap. 281), the Land Titles Act (Cap. 282)
and the Registered Land Act (Cap. 300). will be collapsed into one, with
all titles issued under the repealed laws cancelled and replaced with
titles under the Land Registration Act, 2012. This will likely leave a
loophole for the fraudsters.
When these parcels of land will be migrated
to the new regime, their ownership, size and other interests will not
change. What will change, however, is the introduction of Registry Index
Maps (RIMs) in place of the current system that uses deed plans which is a
bit confusing.
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7. Identity
challenges
There is lack of system crosscheck’s identity
information from the registry of persons. For instance, if your identity
details do not tally with the information at the registry of persons, you
shall not be able to transact on the system. This is a challenge to those
people who will not be able to go to Ardhi house to correct their details.
8. Verification
of Foreign companies
Where the registered proprietor to a property
is a foreigner or a foreign company, it will be impossible to transact
with your property until is there is created into the system a mechanism
to verify Identity information.
9. Distressed and
probate properties
It is not possible to deal with transaction
such searches and sale of distressed properties and probate matters
because of the approval process required.
10. Professional accounts
inclusion.
Key stakeholders are left out for account
upgrading. There are concerns that the list of professionals whose
accounts qualify for upgrading is too short. There have been suggestions
that registered private valuers, registered real estate agents and
registered survey assistants, who regularly engage in land transactions on
behalf of clients, ought to be included.
Conclusion
In conforming to the principles advanced in
the Access to Information Act 2016, the ministry should have an efficient
communication & feedback mechanism where users of the NLIMS can not
only access information but also lodge complaints when the need arises.
Going forward, there should be an introduction of a hybrid system on an
interim basis to allow for a smooth transition until such a time when the
NLIMS will be fully operational
For
enquiries, please visit Ardhi House or email: [email protected]. The ministry can also be reached on phone: 0743922876.
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