Lands ministry, NLC finally agree on e-transactions

The Ministry of Lands and the National Land Commission (NLC) have agreed to roll out electronic transactions in Nairobi even as a number of contentious issues between them remain unresolved.

The Land Registration (Electronic Transactions) Regulations (2020), the Land (Amendment) Regulations (2020), the Survey (Electronic Cadastre Transactions) Regulations(2020), and the Survey (Amendment) Regulations (2020) were published on July 9 and took effect on July 14, marking the start of online land transactions within the capital city –for now.

The regulations that have been gazetted so far relate to registration, providing for an electronic register and online transactions in the registration process and surveys and cadastral maps (providing for an electronic cadastre).

This means that all ordinary citizens or their advocates will be able to effect practically all transactions, including searches and lodging of transfers and charges, online.

But pending regulations which are still subject of negotiations relate to physical planning, processes of allocation of public land and renewal of leases.

Ministry and NLC sources say the pending regulations do not hinder the roll out of the digital platform and the ongoing talks are meant to determine whether there is need to review those regulations over time.

Tensions

The rollout of the online transactions was preceded by tensions between the ministry and NLC, with the latter saying that it had been side-lined in the development of the regulations and that the task force that developed them went beyond their terms of reference to propose wholesome amendments to existing regulations without consulting key partners in the management of land.

Furthermore, there was push to have some land laws amended before the implementation of the regulations on electronic transactions. For example, the regulations made proposals that affected registration, allotment and renewal of leases among others and which the commission had asked to be regularised first.

The ministry and NLC held a series of meetings in which the two sets of regulations; which are the primary ones in ensuring digitisation, were broadly agreed upon. The regulations published are still subject to forms approval by Parliament.

As the contentious issues persisted, the ministry, on the other hand, was targeting early to mid-July for the roll out of the online transactions.

Following talks that started in May, the commission told the Nation that they agreed to isolate the sticky issues and consult further.

Issues addressed

NLC chair Gershom Otachi says that the engagement with the ministry “addressed issues of concern and facilitated the take-off of electronic transactions.”

The ministry also agreed to amendments to the existing laws, particularly on registration of land which is at the heart of the electronic transactions.

“Now there is hope that digitisation of land transactions is on track and will not be held back by legal hitches even as we consult further on unresolved issues. I am confident that any pending issues, which have little bearing on the roll out of the electronic system, will be resolved in the context of the ongoing engagements,” said Mr Otachi.

With the electronic transactions regulations now in force, anyone wishing to buy, transfer or lease land in Nairobi will be required to register in the online land registry, the National Land Information System (NLIS) and provide their personal identification numbers (PINs) for taxation purposes.

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