Kevine Omollo
Land CS Farida Karoney (PHOTO: FILE)
Frustration met decision by the government to extend the closure of land registries across the country.
The ministry of lands published in local dailies the extension of land
registries closure by two weeks following advice from the National
Emergency Response Committee on the management of
Covid-19.
Homa Bay residents said the move is blocking the delivery of essential services at the county lands registry.
The lands registry has now been closed for one month, causing a lack of
search services for land title deeds. It is through the search that the
valuation of a land parcel can be done.
Lawyers in the county perceive the registry closure as what can cause
congestion in remand cells especially now when the country is fighting
covid-19 infection.
Several residents reportedly have been unsuccessfully visiting the registry to seek services.
“I have an emergency which can only be done through the sale of my land.
I have always been visiting the registry office since Monday last week
but it is locked,” Peter Otieno, a resident of Rusinga Island in Mbita
Sub- County told The Standard.
According to a High Court advocate, Humphrey Obach, some Homa Bay
residents who are charged and released on bond always produce land title
deeds as their sureties due to lack of funds.
However, their title deeds cannot be valued because the land registry is
closed. This will cause congestion in remand cells because many
suspects released on the bond can only afford to produce their land
title deeds.
“I have a client who was released on a bond of Sh400,000 last week. He
produced a land title deed but he is still remanded because the value of
his title deed cannot be determined,” said Obach.
Obach said the situation has made him turn down many people who wanted
his office to oversee the purchase of their parcels of land.
In a letter to Lands Cabinet Secretary Farida Karoney, the Law Society
of Kenya (LSK) have in the past argued that the continued closure of
lands registries was affecting several land transactions with set
timelines.
As a result, those involved in the transactions are being forced to part with huge penalties.
LSK is also accusing the ministry of reneging on an agreement they reached to suspend all timelines for registration of land.
“It is possible to achieve the government purpose of scaling down
operations due to the coronavirus pandemic by allowing limited services
at the lands registries like enforcing court orders, valuations, stamp
duty, transfers, and discharges,” said LSK said in the letter signed by
its president Nelson Havi.
Ms. Karoney had on March 17 issued a notice for closure of all land
registries for 28 days as a measure to contain the spread of
coronavirus.
However, on Tuesday, after the expiry of the 28 days, the CS extended the closure for a further 14 days.
This was on the advice of the National Emergency Response Committee on
Management of Covid-19 to allow the government monitor the pandemic.
LSK claims that the backlog of transactions is affecting several people
and wants the Ministry of Lands to immediately issue guidelines for
online transactions to speed up the process.
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