BACKGROUND & LEGISLATION

The concept of digitization of the Land in Kenya began in 2013 to give effect to Sections 9 and 10 of the Land Registration Act 2012. Section 9 gives the Registrar of Lands the mandate to maintain the register and any document required in a secure, accessible, and reliable format which includes amongst other ways, electronic files.

Section 10 on the other hand, places emphasis on the accessibility of the register by members of the public by electronic means amongst others.

The Ministry of Lands and Physical Planning formulated the Land Registration (Electronic Transactions) Regulations, 2020 (“the Regulations”) issued vide Legal Notice 101 of June 2019 to provide an enabling framework for the roll out of a system for carrying out electronic land transactions.

The Regulations were gazetted on 14th July 2020 and apply to the Nairobi Land Registry. These Regulations detail the way the system is to be accessed, operated, and maintained.

In light of the above, the Business Laws (Amendments) Act of 2020 further made various amendments to existing legislation to facilitate electronic registration of land transactions.

On 3rd April 2018, the current Cabinet Secretary, Ms. Farida Karoney launched the digitization of the Land Registry at Ardhi house through the Ardhisasa Platform.

WHAT IS ARDHISASA?

The National Land Information Management System (NLIMS) commonly called Ardhisasa was launched on 27th April 2021.

Ardhisasa is an online platform (“the Platform”) that allows Citizens, stakeholders and interested parties to interact with land information held and processes undertaken by the Government. We can well describe it as the platform that will offer a one-stop shop for all Government services and information on land.

The Platform has been developed jointly by the Ministry of Land and Physical Planning (MoLPP) and the National Land Commission (NLC) and key stakeholders in Government.

The Platform will enable digital transactions and end manual land transactions in the country. The essence of the Platform is to speed up land transactions and enable the common Mwananchi to access all services offered at the Lands ministry through it.

At the click of a button, users will now be able to search and carry out various land transactions.

APPLICATIONS THAT CAN BE MADE ON THE ARDHI SASA PLATFORM

The digitization was meant to facilitate the following applications online;

1. Searches (search land ownership records);
2. Land Rent (payment of rent, uploading of receipts, and downloading

rent clearance certificates);

3. Transfer of ownership of the property;
4. Assessment of stamp duty;
5. Creation of Securities against the property;
6. Land Rates (query and pay land rates);
7. Obtaining consent to Transfer, Charge, and Lease;
8. Mass Titling program verification (authentication of owners).
9. Cautions and withdrawal of caution (application for the registration or

withdrawal of a caution).

HOW TO HAVE YOUR PROPERTY VERIFIED ON ARDHI SASA

Property verification on the Ardhisasa Platform is carried out in Six (6) steps:-

STEP ONE

The property owner should create an account with the Ardhisasa platform.

The platform requests for the ID Number as the User name and a Password of choice.

Note to provide an active phone number and email address during registration

STEP TWO

Once the account is created, log in with the Proprietor’s login details.

When logging in, an OTP Code will be sent to the phone number used during registration.

Input the code then click log in.

STEP THREE

a)  Click the Dashboard, go to my properties section and click add property.

b)  Add the proprietorship details, i.e Parcel Number, holding type &

category of the proprietor;

c)  Add the property details i.e the property type, whether there is rent

receipts available & upload a certificate of the lease.

STEP FOUR

Upload any other documents you might have over the property eg. Rent payment receipts

STEP FIVE

Submit the request for verification by clicking the submit button.

STEP SIX

You will then get a notification message approving or declining the verification.

Once verified one can then carry out transactions on the Ardhisasa platform over the property.

To access the services offered on the Platform, one must hold an account with Ardhisasa.

You access the platform via; https://ardhisasa.lands.go.ke/home.

WHAT SERVICES CAN BE OFFERED THROUGH ARDHI SASA

The services offered on the Platform include: –

LAND REGISTRATION SERVICES;

a)  registration of cautions,

b)  charges, leases,

c)  certificates of title/ leases,

d)  replacement of titles,

e)  restrictions,

f)  searches,

g)  assessment for stamp duty, and

h) transfers

LAND ADMINISTRATION SERVICES;

a)  payment of land rent,

b)  subdivision,

c)  extension of leases,

d)  change of user,

e)  consents,

f)  preparation of lease,

g)  extension of user, and

h)  renewal of leases

PHYSICAL PLANNING SERVICES;

a)  approval of Part Development Plans,

b)  Plan Preparation, and

c)  issuance of Certificates of Compliance

SURVEY AND MAPPING SERVICES;

a)  Subdivision,

b)  Amalgamation,

c)  New Grants,

d)  Re-Survey,

e)  Sectional Properties,

f)  Extension of Leases, and

g)  Change of User

VALUATION SERVICES;

a)  Asset Valuation,

b)  Government Leasing,

c)  Government Purchase,

d)  Estate Administration, and

e)  Arbitration

WAY FORWARD FOR PROPRIETORS;

In light of the above, it is advisable for proprietors, to take the initiative of registering to the Platform and confirming their records.
The Ministry has made it clear that the system SHALL NOT provide for the following categories of properties: –

1.  Properties with incomplete data records, e.g., records that lack documentation showing how the proprietor came to own the property;
2. Properties adversely mentioned on the Report of the Commission of Inquiry into Illegal and Irregular Allocation of Land (Ndung’u Report);
3. Properties that are mentioned under the Revocation Gazette Notice NoARDHISASA #MINISTRYOFLANDS #ARDHI-SASA #NAIROBIBLOCKStella Muraguri