LSK asked the judge to suspend the ministry’s notice which discontinued manual undertakings.
The High Court has put the government’s plan to introduce online transactions for all land dealings on hold.
While certifying a case filed by the Law Society of Kenya (LSK) as urgent, Justice Wilfrida Okwany suspended the Ministry of Lands’ notice, which discontinued manual transactions, until May 2 when the case will be heard.
The LSK petitioned the court to stop the automation of land transactions in a switch that had locked out lawyers who have been charging fees for the service.
Through a notice published on April 4, the ministry said it was discontinuing manual transactions at both the Nairobi and Central registries.
The ministry stated that all property transactions including searches, application for registration of documents, transfer of ownership or lease, caution and withdrawal of caution, as well as issuance of consent and valuation requests must be done online.
The LSK termed the switch illegal, arguing that land transaction documents would be prepared by people without legal education and that Parliament was yet to pass a law that supports online land transactions.
The lawyers argued that the move contravenes the law and was likely to undermine the integrity of the land registry system and the sanctity of titles.
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