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Conversion of Parcel Numbers in Nairobi

13 January 2021

The Cabinet Secretary for Lands and Physical Planning, Ms. Farida Karoney, published a Notice dated 24th December 2020 (the “Notice”) containing a conversion list in respect of parcels forming part of the Nairobi Land Registration Unit. This Notice appeared in the Kenya Gazette Special Issue 11348 in Vol. CXXII- No 242 of 31st December 2020. The Notice was published in accordance with regulation 4(4) of the Land Registration (Registration Units) Order 2017 (the “Regulations”).

The main objective of the Notice is to notify the general public of the conversion of the land reference numbers for the properties listed in the Notice to new parcel numbers and to provide details of the cadastral maps that have been prepared by the Department of Survey in order to implement the provisions of Land Registration Act 2012 (Act No. 3 of 2012) (the “Act”) and the Regulations with regard to the establishment of registration units. 

The Act, which repealed various land acts[1], applies to the registration and recording of interests in public, private and community land. Section 6 of the Act anticipated the establishment of various registration units across the country in a bid to create reasonable access to land registration services. To facilitate this, Ministry of Lands and Physical planning in collaboration with the Department of Survey has embarked on the conversion of land reference numbers used in connection with the existing titles (created under the repealed land acts) under the ambit of the land registration units and land registries created under the Act. The Regulations require the Registrar at a later date to publish a notice in the Kenya Gazette calling for registered owners to surrender the titles to the affected parcels in exchange for replacement titles.

The Notice indicates the existing land reference number, the registration unit, the converted parcel number and the area of the land.

What should you do now?

  1. In the event that you are a proprietor of, or hold an interest in, any property registered in the Nairobi Registration Unit or the Nairobi Land Registry, it would be prudent to peruse the above referenced Notice to determine whether your property has been listed. The Notice may be accessed here.
  2. Verify the details contained in the Notice against your title, particularly the acreage based on the cadastral maps, that is in respect of the land reference and the area.
  3. Anyone who is aggrieved by the information contained in the Notice has been provided with ninety (90) days, from the date of publication of the Notice, within which to lodge any grievances under the prescribed forms. A registered proprietor of any of the affected parcels is entitled to lodge a caution for registration pending the clarification or resolution of any complaint. The Ninety (90) day period expires on or about the 31st of March 2021, unless extended.

Please be advised that all transactions or dealings relating to the properties listed in the Notice shall be carried out using the new registers containing the new parcel numbers with effect from 1st April 2021.

At the time of publishing this alert, there has been no communication in respect of titles that have not been listed in the Notice.

We will continue to monitor the situation as it unfolds noting to keep you informed of any new developments

 

[1] The repealed laws include the Indian Transfer of Property Act 1882; the 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)