Land Registration (Electronic Transactions) Regulations

Section 1. Citation Section These Regulations may be cited as the Land Registration (Electronic Transactions) Regulations.

Section 2. Application Section These Regulations shall apply to the system in the registries set out in the First Schedule.

Section 3. Interpretation Section In these Regulations, unless the context otherwise requires— "Act" means the Land Registration Act (Cap. 280); "advanced electronic signature" has the meaning assigned to it in the Kenya Information and Communication Act (Cap. 411A); "authorized user" means an advocate qualified to practice under the Advocates Act who has been granted permission to access, query any information or submit any application, instrument or document in relation to any transaction in accordance with these Regulations on behalf of another person; "electronic" has the meaning assigned to it in the Kenya Information and Communication Act (Cap. 411A); "electronic form" has the meaning assigned to it in the Kenya Information and Communication Act (Cap. 411A); "personal identification number (PIN)" means the personal identification number (PIN) issued under section 11 of the Tax Procedures Act (Cap. 469B); "system" means the National Land Information System established in accordance with section 6(h) of the Land Act (Cap. 280); "user" means a person who has signed up to the system and accepted the terms and conditions; "user account" means an online account created to allow acc...

Section 4. Electronic registry Section 4(1) The Chief Land Registrar shall maintain an electronic land registry established in accordance with section 7 of the Act. Section 4(2) The electronic land registry shall be part of the system.

Section 5. Form of registers Section an electronic land register which shall contain the features specified in section 7(4) of the Act; and

Section 6. Electronic Registry transactions Section 6(1) All registry transactions under the Act shall be carried out through the system in the registries set out in the First Schedule. Section 6(2)(a) issue a notice, certificate or any document which is required to be issued by the Registrar under the Act; Section 6(2)(b) certify a form, document or extract of a document required to be certified by the Registrar under the Act; or Section 6(2)(c) send any document issued or certified by the Registrar to the electronic addresses provided by a user for that purpose.

Section 7. Access to the Cadastral Map Section For the purposes of registration, the Registrar shall refer to the electronic cadastre in order to verify information relating to a parcel, where necessary.

Section 8. Registration as a user of the system Section 8(1)(a) the name; Section 8(1)(a)(i) the name; Section 8(1)(a)(ii) the national identity card or alien card number; Section 8(1)(a)(iii) the personal identification number (PIN); Section 8(1)(a)(iv) a current passport size photo as profile picture; Section 8(1)(a)(v) personal contact details including postal address, email address, the telephone number and such other details as the system may require. Section 8(1)(b) the name; Section 8(1)(b)(i) the name; Section 8(1)(b)(ii) the incorporation or registration number; Section 8(1)(b)(iii) the personal identification number (PIN); Section 8(1)(b)(iv) the contact details including postal address, email address, the telephone number and such other details as the system may require; and Section 8(1)(b)(v) the information required under paragraph (a) of its authorized representative. Section 8(2) A user shall upon signing up accept the terms and conditions set out in the Second Schedule to these Regulations.

Section 9. User account Section 9(1) There shall be a user account, user name and password created in the system for every user to enable the user log into the system. Section 9(2) As an additional security measure, a One Time Password (OTP) in the form of a text message shall be sent to the user's Telephone Number to authenticate every log-in. Section 9(3) A user shall keep the log in credentials, particularly the password, confidential to avoid unauthorized access to the system. Section 9(4) A user may change his or her log in credentials from time to time. Section 9(5) Every user shall apply or submit any instrument or document for registration or recording, under the Act, electronically through their user account.

Section 10. Authorized user Section An advocate shall be an authorized user upon providing additional information in Form eLRA 1 set out in the Third Schedule or as may be modified for use in the system.

Section 11. User obligations Section 11(1)(a) access the system and carry out transactions under the Act in the system in an individual capacity or through an authorized representative; Section 11(1)(b) complete such formalities as are required before accessing the system; Section 11(1)(c) be responsible for the security of his or her login credentials and for any access made using the login credentials; Section 11(1)(d) use the information obtained from the system for lawful purposes only; Section 11(1)(e) be responsible for the accuracy and completeness of all information provided or submitted when using the system; and Section 11(1)(f) surrender or deactivate accounts of persons who have ceased being their authorized representatives. Section 11(2)(a) the selection and nomination of the user's authorized representative accessing the system on behalf of their organization; Section 11(2)(b) ensuring compliance of paragraph (1) by the authorized representatives; and Section 11(2)(c) notification of revocation of the nomination or employment of any authorized representative. Section 11(3)(a) impersonate another person or entity; Section 11(3)(b) collect information about other users;...

Section 12. Searches Section 12(1) A user who wishes to conduct an official search in the electronic register shall apply to conduct an official search through the system and pay the prescribed fees. Section 12(2)(a) a current status search of which the result from the search shall include particulars of the subsisting entries in the register, certified copies of any document, the cadastral map, or plan filed in the registry; or Section 12(2)(b) a historical search of which the result shall provide a history of computer folio and list all transactions availed in a chronological order together with the status and date for each entry.

Section 13. Forms Section Pursuant to regulation 87(1) of the Land Registration (General) Regulations (sub. leg), a user shall use the forms set out in the Sixth Schedule to the Land Registration (General) Regulations (sub. leg), in the system subject to such modifications as the Chief Land Registrar may make, to enable the use of the forms electronically, in the system.

Section 14. Preparation of instruments and documents Section 14(1) An authorized user shall obtain and maintain client instructions in respect of each electronic transaction in Form eLRA 2 set out in the Third Schedule. Section 14(2)(a) enter all the required information in the applicable electronic form; Section 14(2)(b) cause the instrument or documents to be executed by use of advanced electronic signature of parties; Section 14(2)(c) attach the relevant supporting documents required under the Act. Section 14(3)(a) enter the required information in the applicable electronic form; Section 14(3)(b) print the duly filled form for execution and attestation; Section 14(3)(c) scan and upload the duly executed and attested form onto the system; and Section 14(3)(d) attach the relevant supporting documents as may be required under the Act.

Section 15. Valuation for stamp duty Section 15(1) Where applicable, the authorized user shall submit the instrument or document for valuation in electronic form. Section 15(2) Upon submission of the instrument for valuation under paragraph (1), the authorized user shall receive an electronic notification indicating the date and time when the request was received. Section 15(3) The authorized user shall be notified of the assessed duty payable through SMS notification, email notification or any other form of electronic transmission to the contacts of a user provided during signing up.

Section 16. Payment of stamp duty Section The authorized user shall pay stamp duty through the Kenya Revenue Authority payment platform.

Section 17. Submission for registration Section 17(1) An authorized user shall submit the application, instruments or documents for registration in the system and pay the prescribed fee, where applicable. Section 17(2) An instrument or document shall be deemed to be received for registration when the system generates a notice of electronic filing with a tracking number for the electronically filed application, instrument or document. Section 17(3) An application, instrument or document that is submitted electronically outside the business hours specified in regulation 2 of the Land Registration (General) Regulations (sub. leg) shall be deemed to have been received on the next business day.

Section 18. Priority of registration Section 18(1) Subject to regulation 8 of the Land Registration (General) Regulations (sub. leg), the tracking number assigned to the application or instrument by the system shall determine the priority of registration of the instrument. Section 18(2) The Registrar shall ensure that applications for registration are dealt with in the order of the tracking number assigned at the time of lodging of the instrument.

Section 19. Lodging of physical documents Section An Authorized user shall manually present documents which the Registrar requires the production of an original.

Section 20. Registrar's source of information Section The Registrar shall, for the purposes of processing the applications, rely on the documentation and data available within the system and may, where necessary, refer to the backup of manual records.

Section 21. Rejection of instruments Section 21(1)(a) to be substantially defective; or Section 21(1)(b) to have been submitted for registration without the relevant supporting documents required under the Act or the Land Registration (General) Regulations (sub. leg). Section 21(2) An authorized user shall, upon making the relevant corrections, lodge an instrument or document rejected under paragraph (1) afresh as though it were a new transaction. Section 21(3) An authorized user whose application has been rejected under regulations 2 may appeal in the manner provided under regulation 37 of Land Registration (General) Regulations (sub. leg).

Section 22. Registration Section 22(1) The registration of an instrument or document shall be completed upon the approval of the transaction and the making of corresponding entries into the register by the Registrar. Section 22(2) Upon registration, there shall be an electronically generated notice to the effect that the document has been registered.

Section 23. Electronic certificate of title or lease. LN 278/2017 Section 23(1) The Registrar shall pursuant in section 30 of the Act issue an electronic certificate of title or lease in accordance with regulation 31(1) or (2) respectively of the Land Registration (General) Regulations (Sub. Leg). Section 23(2) The electronic certificate of title or lease shall contain unique serial numbers and security features which can be used to verify the authenticity of the certificate.

Section 24. Availability of documents Section The Registrar shall make the registered instruments and ddocuments available for download by the authorized user or any person conducting a search under regulation 12.

Section 25. Manual transactions Section 25(1) Where a transaction cannot be carried out using the electronic registration system, the person seeking to carry out the transaction shall carry out the transaction through such other means as the Chief Land Registrar may determine. Section 25(2) An instrument or document filed and registered electronically at the registry under these Regulations has the same effect as if that instrument or document were in the form of a paper document.