The authority which established the platform and its operation comes from amendments made to the Land Registration Act (the Ardhisasa platform operates under Kenya’s Land Registration Act 2012, specifically guided by Section 9, which mandates the maintenance of land registers and documents in secure, accessible, and reliable electronic formats, thus legalising the digitisation of land transactions and records.), the Physical Planning Act (amendments facilitating electronic submission and processing of planning applications), and the National Land Commission Act (provisions for the management and administration of public land through digital means).
In Kenya, the ArdhiSasa platform represents a significant effort towards digitalising land administration and transactions, promising a more transparent, efficient, and accessible process for citizens. Understanding how to navigate this platform, especially for tasks such as registering a charge or ordering land-related documents like title deeds, surveys, and plans, is important for landowners, potential buyers, and legal professionals.
Registering a Charge and Ordering Titles on Ardhisasa vs. Traditional Methods
Registering a charge or ordering a title on ArdhiSasa begins with creating an account on the platform. Once logged in, you can follow simple steps to initiate a charge registration, which involves filling out electronic forms and attaching necessary documents. Similarly, ordering a title or accessing surveys and plans is streamlined, allowing users to request these documents online, pay the required fees digitally, and receive electronic copies or notifications on how to collect physical copies.
The platform is designed to ensure transparency and reduce the time needed for these processes. It also aims to minimise the risk of fraud and errors, given its reliance on digital records and signatures.
Before ArdhiSasa, these processes were largely manual, requiring a full physical presence at various land offices, filling out paper forms, and encountering lengthy queues and processing times. The risk of document loss, fraud, and bureaucratic inefficiencies was significantly higher, often leading to delays and increased costs for individuals and businesses alike.
Legal Frameworks and Operational Challenges
The amendments in the Land Registration Act include specific sections that have been revised to allow for the use of digital signatures, the maintenance of electronic land registers, and the facilitation of online transactions, aiming to streamline property registration processes. Regarding digital signatures, the Kenya Information and Communication (Amendment) Act and the Electronic Signatures Regulations provide the legal basis for the use of digital signatures in Kenya. This was a significant legal shift that allowed documents signed electronically to be recognized as legally binding, just like their handwritten counterparts. This change was critical for Ardhisasa, as it meant that transactions conducted on the platform, including charge registrations and applications for land documents, could be completed without the need for physical signatures, making the process easier.
Despite its advantages, including improved efficiency and accessibility of land services, Ardhisasa faces challenges including significant delays and inefficiencies within the land registries which affect the platform and in turn affect service delivery. For example, when searches cannot be conducted, which is a critical first step in any land transaction, it leads to inefficiencies that have led to banks being unable to charge properties, which affects the ability of landowners to secure loans using their properties as collateral. Additionally, using the Ardhisasa platform may require the involvement of professionals such as advocates whereby their accounts would be needed to access certain services.
Conclusion
The ArdhiSasa platform, integrated within Kenya’s legal framework through amendments to the Land Registration Act, Physical Planning Act, and National Land Commission Act, represents a significant shift towards the digitalisation of land administration and transactions in Kenya. The platform aims to simplify processes such as registering charges and ordering title deeds, significantly reducing processing times, fraud risks, and governmental inefficiencies that were customary with traditional manual methods.
Disclaimer:
Please note that the information provided in this article is for general informational purposes only and should not be construed as legal advice. It is always advisable to consult with a qualified legal professional to discuss your specific circumstances and obtain tailored legal counsel.
