E-portal uproots lawyers from the dear land deals

The technological changes in land adjudication have caught lawyers napping with their immediate reaction a threat to head to the corridors of justice.

The recently introduced Land Information Management Systems (Lims) has now sparked a vicious battle with their exclusion from the multi-billion shilling land transfer gravy-rain.

The process has been driven to an online verification portal on e-citizen where buyers and sellers of land will initiate and conclude all processes.

While the government vouched for Lims introduction to safeguard revenue lost via manual processes as well as have the land processes fast-tracked, lawyers are crying foul following exclusion of their ‘vital’ role in ensuring due diligence is observed to safeguard an investor’s hard earned money.

The government funded digitisation programme that has locked in Nairobi and Central registries as well as the Records registry at Ardhi house has snapped traditional roles played by land brokers, land management agencies and lawyers in land transfer deals where they earn commissions for their services.

Brokers are engaged by land owners to seek for a buyer after which lawyers prepare sale agreements, witness the same as well as act as an agent for the parties, all at a fee.

Lawyers as commissioners for oaths also sign and stamp the land transfer documents as well as authenticates the sellers and buyers passport photographs at a fee.

In some instances where buyers are in a society or self help groups, lawyers midwife land transfer deals for individual members once all monies are paid for the land and upon payment of their ‘processing’  fees.

Under the Land Information Management Systems (Lims) sellers and buyers of land located in Nairobi must now log onto the government-funded and managed portal, e-citizen to initiate land sale processes to conclusion.

On Friday, Law Society of Kenya President Allen Gichuhi vowed to move to court this week alleging that Lims had derailed land transfer processes hurting businesses.

Businesses that have suffered hefty losses of revenue at the behest of technological disruption include the media, taxis, book publishing, accounting, retail shops, architecture, the education sector and the medical profession, (aka Dr Google) among others.

Terming them illegal, LSK said no third party consents should be entertained especially a website link placed on Kenya Investment Authority’s website where foreign investors can directly enter into sale agreements with sellers and conclude the process online.

“Section 34(1) of the Advocates Act provides that only advocates can prepare conveyancy instruments-‘no unqualified person shall, either directly or indirectly take instructions or draw or prepare any document or instrument relating to conveyancy of property,” said the letter by LSK to Lands cabinet Secretary Farida Karoney.

Under Lims, to effect transfer of land ownership and transfer of lease, parties will log onto the government e-citizen portal where upon verification of their identities and payment of pre-requisite fees the process for land sale will have commenced.