High Court Judge Winfrida Okwany on Wednesday issued orders suspending the ongoing digitization of records at the Ministry of Lands.
Justice Okwany temporarily restrained Cabinet Secretary (CS) Farida Karoney and her team from "implementing or mandating the electronic filing of conveyancing documents as per their public notice dated April 4, 2018" until the matter is decided.
The Law Society of Kenya (LSK) moved to court seeking to bar the move as it would directly affect advocates who charge a fee to conduct the digitized transactions.
The lawyers further argued that automation of the systems would be contrary to various established High Court and Court of Appeal precedents.
[caption caption="Lands CS Farida Karoney"]
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"Pending inter-parties hearing and determination of this petition this court be pleased to issue a conservatory order in the nature of injunction restraining the second and third respondents…from implementing and acting on the electronic conveyancing as per the notices on e-filing dated April 4 and subsequent notice published in Sunday newspapers on April 8, 2018," the LSK application read in part.
LSK cited section 34 of the Advocates Act which states: "No unqualified person shall, either directly or indirectly, take instructions, draw or prepare any document or instrument relating to the conveyancing of property."
The lawyers further faulted the Lands officials for having neglected public participation in coming up with the system.
They argued that without legal backing would be deemed null and void, citing a High Court order that declared all leases, titles and certificates issued without the input of National Land Commission as illegal.
The society also raised concerns over the possibility of unsuspecting property owners being defrauded of their documents and consequently losing their documents.
The Lands CS and her PS are listed at the third and fourth respondents in the case.
[caption caption="Lands PS, Dr Nicholas Muraguri"]
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