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Land Registries Reopen: A Step Towards Transparency

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 8 May 2020.

On May 8, 2020, Lands Cabinet Secretary Farida Karoney made the decision to partially reopen land registries across the country, a move that will unlock some transactions that had got stuck.

This decision is a welcome relief for many, as it will allow key Ministry of Lands operations to resume.

Registration of charges and discharges for security on bank loans, and court orders, as well as verification of sureties, can now proceed.

Without these vital services, some legitimate businesses had stalled, with the Law Society of Kenya challenging the closure citing lack of ample notice and reasons for it.

More importantly, no provision had been made for registration of sensitive documents whose delay attracts stiff penalties and interest.

However, the lands registries have, over the years, become dens of corruption, with cartels firmly in control.

Any decision that helps to break the stranglehold and enables transparent transactions must be supported, but blanket actions can end up punishing even those involved in clean business.

The two-month closure was meant to help curb the spread of Covid-19, but it is commendable that reason has prevailed, as it is not clear just when the pandemic will clear and clampdown on everything, including some essential services, is unreasonable.

Land is a key means of income generation as an asset and leading factor of production, but also collateral for loans to start or boost enterprise.

The two-month closure must have been extremely costly in terms of lost business.

The land registries must be rid of graft, but that should not be at the expense of genuine deals that boost enterprise.

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