Replacement of land reference numbers with parcel numbers for properties within Nairobi

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published on 29 January 2021 | reading time approx. 2 minutes

 

  

The Background

The Cabinet Secretary for Lands and Physical Planning, vide a Gazette Notice dated 31 December 2020( http://kenyalaw.org/kenya_gazette/gazette/volume/MjI2OA--/Vol.CXXII-No.242/) notified the general public of the conversion of land reference numbers to parcel numbers, in respect of parcels of lands within Nairobi Land Registration Unit. This is following the preparation of cadastral maps together with a conversion list indicating new and old numbers for parcels of land and their corresponding acreages. The purpose of this conversion is to streamline the issuance of title deeds from the old legal regime to the new legal regime. The old regime was inefficient and had been characterized by multiple land ownership registers which occasioned delays in service delivery. The Land Registration Act, No. 3 of 2012 which followed the promulgation of the 2010 Constitution of Kenya seeks to consolidate and rationalize the land registration regimes created by the now repealed laws.
  

The Impact

All transactions or dealings relating to parcels within the aforementioned Nairobi Land Registration unit shall from 1 April, 2021, be carried out in the new registers. The old titles will be effectively cancelled and the parcels will be migrated to the new regime without affecting the ownership, size and any other interest registered against the respective title. Despite the use of Registry Index Maps (RIMs) as registration instruments, boundaries will remain unaffected since RIMs are generated from survey plans that have fixed boundaries. Owners can access the survey plans (the cadastral maps) at the Ministry of Lands and Physical Planning, Ardhi House, 1st Ngong Avenue, Nairobi

 

The Way Forward

Any person with an interest in land within the registration unit who is aggrieved by the information in the conversion list or the cadastral maps has been invited, within ninety (90) days from the date of publication of the Gazette Notice (i.e. 31 December, 2020) to either make a complaint to the Registrar in respect of the information contained in the conversion list and the cadastral maps or apply to the Registrar for the registration of a caution pending the clarification or resolution of any complaint. It is expected that the Registrar of Lands shall publish, in at least two newspapers of nationwide circulation and announce in radio stations of nationwide coverage, a notice inviting the registered owners to make applications for replacement of title documents with new ones bearing the new parcel numbers. The application for replacement shall be accompanied by the original title and copies of the owner’s identification documents. On the replacement of the title, the Registrar shall cancel the previous title documents and retain them for safe custody. We will issue a further alert once a notice is published in the newspaper calling for applications for replacement titles.

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