Court suspends digitization of land documents at Ardhi House


Court suspends digitization of land documents at Ardhi House
Ministry of Lands offices. PHOTO| COURTESY

In Summary

  • The High Court has temporarily barred the Ministry of Lands from digitizing title deeds and other documents in its registry until a case challenging the exercise is heard and determined.
  • Justice Winfrida Okwany on Wednesday restrained the Ministry from implementing or mandating the electronic filing of conveyancing documents as per their public notice dated April 4, 2018.
  • LSK says transactions made through the online system without legal backing would be deemed null and void.

The High Court has temporarily barred the Ministry of Lands from digitizing title deeds and other documents in its registry until a case challenging the exercise is heard and determined.

Justice Winfrida Okwany on Wednesday restrained the Ministry from implementing or mandating the electronic filing of conveyancing documents as per their public notice dated April 4, 2018.

The Law Society of Kenya moved to court on Tuesday arguing that automation of the documents, contravenes the law and goes against various established High Court and Court of Appeal precedents.

LSK further claimed that the digitization process lacks the necessary legal and regulatory framework.

In a notice published in the local dailies on April 4, 2018, the Lands Principal Secretary announced a discontinuation of manual transactions at both the Nairobi and central registries.

LSK says transactions made through the online system without legal backing would be deemed null and void, citing a High Court order that declared all leases, titles and certificates issued without the input of National Land Commission as illegal.

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Story By Dzuya Walter
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