• What is conversion?
Conversion is the process of migrating all parcels from the repealed land registration statutes to a unitary regime under the Land Registration Act, 2012.
  • What is the process of conversion?
It entails the following: (i) Preparation of cadastral maps together with a conversion list, (ii) Publication of the cadastral maps together with a conversion list, (iii) Lodgment and consideration of complaints, (iv) Closure of old registers and commencement of transactions in the new register (v) Application for replacement of title documents from the old registers.
  • How will I know the commencement date of transactions in the new register?
The date is captured in the Gazette Notice No. 11348 of December 31, 2020. It is also indicated in an advert appearing in the MyGov pullout of The Star of 12th January, 2021. This is in respect of parcels within Nairobi City County. The Ministry aims to complete the migration process in the entire Country by December, 2022.
  • What documents will I be required to present in my application for replacement?
A land owner will be required to present an application to the Registrar in Form 97 and attach thereto the original title and copies of their identification documents.
  • Are there any charges for replacement of my title?
It is absolutely free
  • Will the conversion process interfere with my boundaries?
No. Deed plans shall be replaced by RIMs (Registry Index Maps) as registration instruments. Boundaries will thus not be affected because RIMs are generated from existing survey plans.
  • Can I access the survey maps?
The survey maps will be made available to you on request.
  • What happens to the title I hold?
The conversion process does not affect ownership. Your title shall be replaced with a title under the Land Registration Act, 2012. In any case the replaced (old) title will be placed under safe custody by the registrar.
  • How do I lodge a complaint?
The complaint is submitted in writing to the registrar in Form LRA 96 in respect of information contained in the conversion list and the cadastral maps.
  • What if the registrar ignores my complaint?
The law requires a registrar to resolve the complaints submitted within 90 days. A complainant can also apply to the registrar in Form LRA 67 for registration of a caution pending the clarification or resolution of any complaint.
  • What are the things to look out for?
Gazette Notice on conversion, publication of the cadastral maps together with a conversion list in daily newspapers, Cabinet Secretary’s specification of date for commencement of transactions or dealings within the registration unit and replacement notices in newspapers and radio announcements.
  • What happens if my title is held by a third party?
Title documents held by third parties including banks, hospitals, courts etc. shall ONLY be replaced on the application by a proprietor. The proprietor will thus have to liaise with the third party to facilitate the replacement process.
  • Can the third-party change ownership?
No, the conversion process does not involve changes in ownership.
  • What happens where the property is encumbered?
The existing encumbrances against the title shall automatically be migrated to the new register.
  • Where do I the forms?
All prescribed forms under the Land Registration Act, 2012 can be downloaded from the Ministry’s website under the “Resources” tab.      
• Right to participate in economic activities in the country • Right to preserve their cultural way of life in line with article 11 of the Constitution • Right to representation in land governance institutions and participation in land related decision making processes. • Right of access to the shore lines of lakes and rivers and public fish landing sites for fishing communities to enable them carry out their economic activities • Right of access to community forests for hunter gatherers communities to sustain their livelihoods. • Right of access to communally held land for grazing purposes for the Pastoral communities

The Constitution defines a “marginalized group” as a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the following grounds; including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

The Constitution defines a “marginalised community” as ; 1. A community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole; or 2. A traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; or 3. An indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or 4. Pastoral persons and communities, whether they are nomadic or a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole.

The constitution of Kenya defines an ‘adult’ as an individual who has attained the age of eighteen years. For the purpose of determining rights accruing to the youth, there is need to appreciate that the constitution regards youths as adults and thus; • Each youth has the right to ownership, access and control of land and property. • Though the right to inherit from their parents is discretionary, in the event of inheritance by the siblings, both daughters and sons have equal rights.

Orphans have the right to access and use their parents land and property whether or not it is held in trust by an appointed and responsible adult member of the immediate family. Upon reaching the age of 18, they have the right to be registered as the rightful owners of land and the properties previously held by their deceased parents.

A ‘child” means an individual who has not attained the age of eighteen years in Kenya. Generally, children cannot own land or property in their own right as children. However, land and property can be held on trust for their benefit and use.

• Women have a right to acquire and own land whether individually or as a group. • Daughters have the right to inherit their parents’ land and property. • Women have a right to be elected and or appointed into land governance institutions. • Married women have the right to joint ownership of land and property acquired during marriage. • Married women have the right to transact on land in consultation with their husbands and vice versa. • Widows have the right to inherit their deceased husband’s land and property.

The spouse will not only share benefit but liabilities on the matrimonial property.
Any liability incurred by a spouse before the marriage and relating to the property shall, after marriage, remain the liability of the spouse who incurred it. If the property becomes matrimonial then it shall be equally shared by the spouses and unless they otherwise agreed .The law states that parties to marriage shall equally share the liability incurred during the subsistence of the marriage for the benefit of the marriage or reasonable and justifiable expenses incurred for the benefit of marriage.