Kenya’s land registration system historically operated under different statutes, including the Registration of Titles Act, the Registered Land Act and the Government Lands Act. The enactment of the Land Registration Act, 2012 (LRA) established a unified registration framework and provided for the migration of land registered under the repealed regimes into the new system.
Title conversion is therefore the process through which land registered under the former registration regimes is migrated into the registration system established under the LRA. Importantly, conversion is not a transfer of ownership. It is intended to migrate existing rights and interests into the current registration framework without altering the underlying proprietary rights.
The Conversion process
Title conversion is primarily an authority-driven process and is not ordinarily initiated by an individual landowner. Under the Land Registration (Registration Units) Order, 2017, the relevant land administration and survey authorities undertake the preparatory work, including the preparation of a cadastral map and conversion list showing the relationship between the old and new parcel numbers. The conversion information is then published for public inspection.
The landowner’s role begins principally at the verification stage. Upon publication, proprietors and other persons with an interest in the land should confirm that their names, old and new parcel numbers, acreage, boundaries and registered interests have been correctly captured. Where an error or discrepancy is identified, the affected person may lodge a complaint with the Registrar in the prescribed manner, including Form LRA 96, within the applicable 90-day period. Where necessary, a caution may also be lodged to protect the interest pending resolution of the complaint.
Once the conversion takes effect, the old register is closed in respect of the affected parcel and a new register is opened under the Land Registration Act. The registered proprietor may thereafter apply for replacement of the title issued under the closed register using Form LRA 97 and the prescribed supporting documents.
In simple terms: Government initiates the conversion → cadastral map and conversion list are prepared and published → landowners verify the information → errors are challenged → the new register is opened → the proprietor applies for replacement of the old title.
This distinction is important because conversion and replacement of the title are not the same process. The authorities undertake the conversion of the registration records, while the proprietor participates by verifying the information, raising objections where necessary and obtaining the replacement title.
What Documents Are Required?
For replacement of a title following conversion, the proprietor will generally be required to provide the original title document, identification documents and the prescribed application forms, including Form LRA 97. Where the proprietor is a company or other legal entity, the relevant incorporation or registration documents may also be required.
However, where there is a discrepancy in the proprietor’s name, parcel number, acreage, boundaries or registered interests, additional supporting documentation may be necessary.
An advocate should therefore not rely on the old title alone. The conversion list, cadastral information and an official search should be examined to establish the status and history of the property.
What Happens to Existing Charges and Other Interests?
Conversion does not extinguish existing interests in land. Charges, cautions, restrictions, leases and other registered interests should be properly reflected in the new register.
This is particularly important where the original title is held by a financial institution as security. The proprietor should ensure that the charge is properly carried forward during conversion and that the new register accurately reflects the interest of the chargee.
A replacement title should therefore not automatically be treated as free from encumbrances merely because a new title has been issued.
Common Problems Encountered During Conversion
Despite its administrative nature, conversion can generate significant practical difficulties.
- Incorrect parcel numbers
An old parcel number may correspond to a different number in the converted register. This is not necessarily evidence of loss of ownership. The conversion list should be used to establish the link between the two numbers.
- Errors in names or ownership particulars
Spelling errors or incorrect registration of a proprietor can subsequently prevent a sale, transfer or charge. Such errors should be corrected before a transaction is undertaken.
- Acreage and boundary discrepancies
Differences between the old title, cadastral map and new register may result in disputes. Where the problem concerns survey information, the relevant survey records should first be examined before seeking rectification.
- Missing encumbrances
A charge, caution or restriction appearing in the old register may be incorrectly omitted from the converted register. This should be promptly investigated and rectified to protect both the proprietor and the third-party interest holder.
- Competing or questionable titles
More serious disputes arise where conversion results in competing titles or where a new title cannot be traced to a lawful historical interest.
What Have the Courts Said?
The Supreme Court has affirmed that the mere existence of a title does not, by itself, establish the legality of the interest registered in it. In Dina Management Limited v County Government of Mombasa & 5 Others [2023] KESC 30 (KLR), the Supreme Court reaffirmed that courts cannot sanction illegalities or irregularities merely because a party holds a title or lease. A certificate of title must therefore be considered alongside the legality of the process through which the underlying interest was acquired.
This principle is particularly significant in conversion disputes. In Shah v Kulmia & 4 Others [2025] KEELC 3073 (KLR), the Environment and Land Court considered a dispute involving property originally registered under the Registration of Titles Act which was subsequently converted to the Registered Land Act regime. The Court found that the rights and interests in the land should not change merely because of conversion, as conversion is fundamentally a migration from one registration regime to another. The Court consequently ordered cancellation of the competing certificate and restoration of the historical records so that the rightful proprietor could be registered under the Land Registration Act.
The Court’s reasoning is consistent with Kirima (Suing on Behalf of the Estate of the Late Gerishon Kamau Kirima) v Corner Place Investment Limited & 3 Others [2023] KEELC 18788 (KLR), which also concerned the alleged unlawful conversion of land from the Registration of Titles Act regime to the Registered Land Act regime. The cases demonstrate a central principle: conversion is intended to migrate registration, not reallocate ownership.
This approach is further supported by Daudi Kiptugen v Commissioner of Lands & 4 Others [2015] eKLR, where the court emphasised that the process through which a title was acquired is material to its validity.
The practical lesson is therefore clear: a converted title remains subject to scrutiny of its historical root, the conversion process and the legality of the underlying interest.
Rectification and Due Diligence
Where an error occurs during conversion, the appropriate remedy depends on its nature. Clerical or registration errors may be addressed through the Land Registry by seeking rectification under section 79 of the Land Registration Act, 2012 and the Land Registration (General) Regulations, 2017. The Regulations provide the prescribed procedure and forms for rectification. Where the discrepancy concerns acreage, boundaries or other survey information, the relevant survey authorities may first need to verify and correct the records.
Where the issue involves fraud, competing titles, unlawful registration or a substantive ownership dispute, administrative correction may not be sufficient. The affected party may approach the Environment and Land Court for appropriate relief, including rectification or cancellation of the register or title, declarations of ownership and injunctive orders.
For landowners and prospective purchasers, the existence of a new title should therefore not end the due diligence process. They should confirm that the old and new parcel numbers correspond, that the registered proprietor and acreage are correct, and that all charges, cautions, restrictions, leases and other encumbrances have been properly carried forward. Where there is an inconsistency between the old title, conversion list, cadastral records and the new register, it should be resolved before the property is sold, transferred or charged.
This is particularly important under section 26 of the Land Registration Act, which permits a certificate of title to be challenged where, among other circumstances, it was acquired fraudulently, illegally, unprocedurally or through a corrupt scheme. As reaffirmed in Dina Management, registration does not cure an illegality in the acquisition of land.
What Should Landowners and Buyers Look Out For?
Before dealing with converted land, a prudent landowner or purchaser should establish:
- the relationship between the old and new parcel numbers;
- the identity of the registered proprietor;
- the acreage and cadastral information;
- all registered charges, cautions, restrictions, leases and other interests;
- the historical root of the title; and
- whether the old and new records are consistent.
Where these records do not correspond, the transaction should not simply proceed on the strength of the new title. The discrepancy should first be investigated and, where necessary, rectified.
Current Practice: Ardhisasa and the Land Registries
The increasing digitisation of land administration has also changed how title conversion is undertaken. Ardhisasa currently provides a specific online service for replacement of a title issued from the closed register, making it an important platform for conversion-related transactions where the service is available.
However, digital availability should not be assumed to be uniform across the country. For properties in areas where the relevant service is available through Ardhisasa, landowners should utilise the platform. Where the service is not available digitally, it is prudent to make the application and undertake the necessary follow-up at the relevant County Land Registry.
Conclusion
The increasing number of disputes and administrative complaints arising from title conversion demonstrates that the process can present significant challenges to landowners and purchasers. The safest approach is to properly document each stage, verify the accuracy of the records and address discrepancies before they affect a transaction.
Conversion is also not solely a legal exercise. Issues concerning acreage, boundaries and cadastral information may require the input of qualified surveyors, while legal and registration issues require experienced conveyancing practitioners. Engaging qualified advocates early can therefore help prevent administrative errors from becoming costly land disputes.
MMS Advocates LLP, through its qualified conveyancing practitioners, can assist landowners and purchasers in navigating title conversion, undertaking due diligence, coordinating with survey professionals and addressing administrative or legal disputes arising from the process.
