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LSK wants ministry to suspend online land system, threatens to sue

Law Society of Kenya President Allen Gichuhi. FILE PHOTO | NMG
Law Society of Kenya President Allen Gichuhi. FILE PHOTO | NMG 

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 Land Cabinet Secretary Farida Karoney on Thursday, asked the ministry to immediately stop online transfer of land calling it illegal.

If the request will not be acceded to by April 9, LSK says it will go to court.

This follows the publication of a notice in the local dailies regarding the 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.

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"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 mentioned in the Ken Invest website.

Gridlock

According to Mr Gichuhi, the new system will cause a gridlock at the land registry, which will lead to the loss of billions of shillings if the transactions are not completed on time, ultimately having a negative outcome on the country’s economy.

The society has argued that some of the processes in land transfer procedure need an advocate of the High Court to perform them, such as conveyancing of property.

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 digitisation of payments and processing of land rates and rent, clearances and stamp duty.

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