Lawyer Allen Waiyaki Gichuhi. The LSK President has asked the Ministry of Lands to stop online processing of land transactions terming it illegal PHOTO | FILE | NATION MEDIA GROUP
6.April 2018
The Law Society of Kenya has threatened to take the Ministry of Lands to court if online processing of land transactions is not stopped by Monday.
LSK President, Allen Gichuhi, in a letter to the Lands Cabinet Secretary Farida Karoney on Thursday, asked the ministry to immediately stop online transfer of land calling it illegal.
This follows the publication of a notice in the local dailies of the new online platform and its functions.
“We urge you to immediately suspend the impugned and illegal online transfer exercise and to revert to the previous regime. We also urge you to immediately cease online processing of consents that require physical presence or third-party engagements,” Mr Gichuhi said in the letter.
The LSK has also asked the ministry to remove the reference to online transfer that is mentioned in the Ken Invest website.
According to Mr Gichuhi, this new system is responsible for a gridlock at the land registry which will have the effect of losing billions if the transactions are not completed on time, thus having an ultimate negative outcome in the country’s economy.
The society has warned that some of the processes in land transfer procedure need an advocate of the High Court to perform them, such as conveyancing.
The letter also stated that other functions that can be performed, such as the issuance of titles and leases by the cabinet secretary on the online platform without input from the National Land Commission will be illegal until the land regulations are passed by Parliament.
The society is, however, content with the moving of land records online and the digitization of payments and processing of land rates and rent, clearances and stamp duty.
However, the Lands CS Farida Karoney, on Friday said on Twitter that the ministry is committed to enhancing the quality of service to all the stakeholders.
"We held a consultative meeting with LSK President to iron out the concerns raised by itsmembers on the ongoing digitization process. We are committed to enhancing the quality of service to all our stakeholders," said CS Karoney on her Twitter handle @Faridakaroney.
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