COVEYANCING
Types of Land Registration Systems in Kenya and the Goals of
Registration
Introduction
The first title registration was developed by the The deed registration system was established by Historically, Kenya has had a complex system of
RTA. the British Colonial administrative system,and was land registration with five different acts governing
governed under the RDA . different types of land and registration
processes,each with its own set of rules and
procedures.
The Old Regime of
Registration
• Registered Land Act (RLA): Used for registering leasehold land,
issuing certificates of lease.
• Registration of Titles Act (RTA): Covered specific areas like
Mombasa and issued absolute title deeds for freehold land.
• Land Titles Act (LTA): Applied to specific regions like Nakuru
and issued certificates of title.
• Registration of Documents Act (RDA): Registered charges and
other interests in land across the different systems.
• Government Lands Act (GLA): Governed the registration of
government land.
• This regime, however, was replaced by the Land Registration Act
(2012).
Registered Land Act (RLA-1963)
The Act was designed to replace all The Act contained substantive and The substantive law for the other This framework was primarily
the other registration statutes. procedural law related to land statutes was mainly found in the applied to urban areas and public
under the Act. Indian Transfer of Property Act land allocations.
(I.T.P.A). The idea was mooted to
create a uniform system of land
registration leading to the
enactment of the registration of
land ordinance in 1959, eventually
becoming Kenya's registered land
act cap 300 laws.
Registration of Titles Act
(RTA)
• The Registered Land Act (Cap 300 Laws of Kenya)
focused on specific areas like Mombasa, issuing absolute
title deeds for freehold land and certificates of Lease for
leasehold land. Furthermore, the Act guaranteed ownership
in perpetuity, subject to specific provisions, providing a more
secure form of ownership compared to leasehold.
• Its enactment stemmed from settlers' desire to have secure
tenure, aligning with English property law.
Land Titles Act (LTA)
1 2 3
The Act was enacted in 1908 Under this legislation persons This legislation issued certificates of
specifically to assist the entitled to private land were issued title instead of absolute title deeds,
government to differentiate with Certificates of Ownership with slight variations in ownership
between private land and crown granting them freehold title. For guarantee. It addressed
land leased from the Sultan of those with leasehold tiles, uncertainties surrounding land
Zanzibar. Certificates of Mortgage or titles and aimed to rectify the
Certificates of Interest were issued limitations of the RDA.
as evidence of ownership rights.
Registration of Documents
Act (RDA)
• Enacted in 1902, it sought to create a register of
documents and provided for both compulsory and
optional registration. This legislation made registering
any document that purported to confer a right, title or
interest in immovable property obligatory.
• The RDA served as a central registry for various interests
in land across the different systems, such as mortgages,
charges, and easements. By facilitating the registration of
these documents, the RDA played a crucial role in
maintaining a central registry for encumbrances on land
ownership.
Government Lands Act
(GLA)
• This Act was enacted in 1915 and mostly dealt with land
parcels considered as farmland parcels such as land in Central
Province, Kericho and Nairobi. Title deeds issued under this
system contained the words ‘ indenture’ ‘conveyance’ or'
indenture of conveyance ‘ as part of their heading.
• This system governed the registration of government-owned
land, separate from privately owned land.
• The Act abolished the compulsory registration under the RDA
in respect of transactions relating to unalienated government
land
Current System
Kenya operates under a single land and property The Act unifies all land registration under one Act, The Act provides two main types of titles:
registration system established by the Land simplifying and streamlining the process. Certificates of Lease for fixed-term ownership and
Registration Act of 2012. This Act replaced the five Certificates of Title for perpetual ownership.
previously existing systems, aiming to simplify and
streamline the process.
Key Features of the Current System
Centralized Registry: Land information and ownership
records are maintained in a centralized electronic
registry accessible through the Ardhisasa platform.
Streamlined Process: The act aims to simplify the
registration process compared to the old systems,
reducing steps and improving efficiency.
Benefits of the New System
1.Increased Transparency: The centralized registry and online platform aim to improve
transparency and access to land information.
2.Enhanced Efficiency: The streamlined process aims to reduce transaction costs and
processing time for registration and transfers.
3.Improved Security: The new system aims to strengthen land rights and reduce disputes
through clearer records and digital security measures.
4.Promote Investment: Secure titles facilitate access to credit and investment, potentially
boosting economic activity and development.
5.Improved land planning: the online platform aims at improving land planning in Kenya
by providing accurate and up-to-date information about land use and ownership. This data
can be used for planning and development and will go a long way in preventing
unplanned settlements and improper land uses that have been a common issue in the past.
Aims of Land
Registration in Kenya
1. Promote Secure Land Tenure: A well-functioning land registration system provides clear and official records of land ownership, granting
individuals and communities legal certainty over their land holdings.
2. Prevention of Land disputes: Land registration aims to minimize conflicts and disputes arising from unclear or contested land ownership. By
providing legally recognized evidence of ownership, registration helps establish clarity and certainty regarding property rights, reducing the
likelihood of boundary disputes, competing claims, and other conflicts over land.
3. Facilitate Land Transactions: A comprehensive land registration system simplifies the process of buying, selling, or transferring land ownership.
Clear title records and readily accessible information streamline transactions, reducing transaction costs and improving efficiency in the land
market. This can boost investment in real estate and promote equitable land distribution.
4. Protect Land Rights: Land registration plays a critical role in safeguarding land rights against encroachment, fraud, and disputes. Official records
provide evidence of ownership, deterring illegal occupations and ensuring that land is used for its intended purposes. This protection is
particularly important for vulnerable communities and groups with limited access to formal land tenure systems.
Cont…
1. Evidence of Title: Evidence of Title: Another crucial goal of land registration is to provide credible evidence
of title to landowners. Registered title documents, such as certificates of title or deeds, serve as conclusive
proof of ownership rights, enabling landowners to assert their property rights confidently and defend against
any challenges to their ownership. This evidence of title also facilitates access to credit, investment, and other
economic opportunities that rely on secure land tenure.
2. Investment and Development: A secure and efficient land registration system attracts investment and
promotes development. Investors are more likely to invest in land projects if they have confidence in the legal
protection of their ownership rights. This, in turn, leads to increased economic activity, job creation, and
improvements in infrastructure and services.
3. Promote Transparency and Good Governance: A transparent land registration system promotes
accountability and good governance. By ensuring that land transactions are recorded and publicly accessible,
the system reduces the risk of corruption and abuse of power. This transparency fosters public trust in the land
administration system and contributes to a more just and equitable society.
4. Support Land Use Planning and Management: Land registration data is essential for effective land use
planning and management. By compiling and analyzing land ownership data, government agencies can
identify patterns of land use, assess the availability of land for development, and plan for future land needs.
This informed planning contributes to sustainable land use and resource management.
5. Facilities Levying of Land Taxes by the Government: It facilitates the government in property tax
administration. That is the payment of land rent and stamp duty. Payment of Land rates depends on the size
and value of land, aspects that are covered by registration.
