The Ministry of Land responded to queries raised by Kenyans online seeking to make different land transactions.
According to the Ministry, the questions topped the entries on the new Ardhi Sasa platform and other search engines.
From divorce cases to women's rights to land ownership, and the conversion process, the Ministry aided land buyers to understand key terms and processes.
What rights do women - married or single have?
According to the ministry, women have a right to acquire and own land, whether individually or as a group. They also have a right to be elected and or appointed into land governance institutions and transact on land in consultation with their husbands and vice versa.
Other than women, daughters have the right to inherit their parents’ land and property, while widows are entitled to inherit their deceased husband’s land and property.
What happens in the case of a divorce?
The spouse will not only share benefits but liabilities on the matrimonial property.
What are some of the rights of spouses concerning Matrimonial property
Matrimonial Property Act (2013) provides that married women have the same rights as married men to acquire, administer, hold, control, use and dispose of property, whether movable or immovable; enter into a contract and sue and be sued in her name.
Written will
According to the Ministry of Lands, a written will must be signed by the maker, In case it was signed by somebody other than the maker, then it should be done in the presence of the maker and under his/her directions.
Oral will
Oral will can only be deemed valid if made before two or more competent witnesses, and the maker passes away within three months. Kenya Defence Forces (KDF) officers are the main ones considered under this category.
What is conversion?
Conversion is the process of migrating all parcels from the repealed land registration statutes to a unitary regime under the Land Registration Act, 2012.
What is the process of conversion?
It entails the preparation of cadastral maps together with a conversion list, publication of the cadastral maps together with a conversion list, lodgment and consideration of complaints.
Other activities include the closure of old registers and commencement of transactions in the new record and application for replacement of title documents from the old registers.
According to Optiven Limited, a real estate firm in Kenya, complaints regarding conversion should be raised within 90 days and thereafter be resolved within 90 days after receipt.
"At the commencement date, all registers maintained in any other registry previously dealing with the parcels within the registration unit shall be closed for any subsequent dealings and all transactions carried out in the new register," Optiven says on its website.
What happens if my title is held by a third party?
Title documents held by third parties, including banks, hospitals and courts, shall only be replaced on the application by a proprietor. The proprietor will thus have to liaise with the third party to facilitate the replacement process.
Speaking to Kenyans.co.ke, Lawrence Gachanja, an advocate at Fanaka Real Estate noted that the process is strict due to cases of fraud in the country.
"Cases of falsified wills, letters of allotment and those of administration of a deceased estate have increased in recent years.
"Some cartels go to the extent of forging sale agreements, land transfer documents, title deeds, share certificates and green cards. You ought to deal with lawyers and certified agents and real estate companies," Gachanja told Kenyans.co.ke.
Can the third-party change ownership?
According to the Ministry of lands, the conversion process does not involve changes in ownership.
Children Land Rights
Responding to the questions, the Ministry of lands noted that children cannot own land or property in their own right as children. However, land and property can be held in trust for their benefit and use.
The Ministry further informed Kenyans that all land searches are free of charge.
