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Reform urgent at Lands Registry PDF Print E-mail
Written by Collins Mbalo   
Tuesday, 02 October 2007

It is now two months since I lodged a fully filled application for an official search of a property at the Central Lands Registry,Ardhi House in Nairobi. I have not yet received a certified copy of the official search or title from the Lands Registrar. It is not that the file is missing, and neither is this an isolated event. I am constantly engaged in conveyancing matters of this kind, and this is the norm rather than an aberration. What it is, is an integral ineptitude and an apathy to inefficiency at the Lands Registry. There is an urgent need for what I will call an OPR an acronym standing for an Organisational Process Restructuring. The continued ineptitude and inneficiency at the lands registry does not only contribute to an increased loss of revenue but also corruption.

An OPR should be undertaken with the input from business process re-engineers so as to reinvent the modus operandi for the lands registry so that as little in resources is utilized in achieve greater utility value to the consumers who are in this instance the mwananchi.


Prof. Kibwana- Lands Minister

I am particurlarly impressed by the Companies Registry at Sheria House which has recently been restructured and had its service halls renovated to give a modern look.The companies' registry has also been computerised, an improvement that greatly aids and hastens the retrieval of information at the Companies registry.

But that should not be the end of the modernising efforts. Kenyans should soon be able to search out company information such as directorships, shareholding, name search and even reports online. We must remember also that a company's file should properly be public information and that everyone with an interest in doin go, should be able to look up and peruse these documents. It would also be prudent to enable companies to file Annual Returns online. This would achieve greater ease for investors to comply with this filing requirement and also ease the Registrar's ability to de-register defunct companies.

Coming back to lan. The lands registry should also be computerised and an online search facility enabled.While it is true that the ministry has begun an attempt at computerisation of the registry as a strategic objective, this is being implemented at snail's pace. This fact diminishes the reassuring effects for those transacting in lands, which is the main reason for undertaking the modernisation efforts in the first place. Land is a very precious commodity and with all the fraud in our country; it is important that investors/purchasers are able, at a click, to confirm the ownership and status of particular plots of lands before commiting resources to the purchase efforts. The delays and hustle at the registry forces many land transactions to fall through mid-way as uncertainties and added costs burden both parties.

In addition to the time savings, computerisation efforts will also curtail corruption to a large extent, saving time, energy and other expenses for the mwananchi. It ought to be embarrassing in this century for the government and the ministry to have as an excuse for non-delivery of this vital service, the fact that a photocopier has broken down. Shame on you  Kivutha Kibwana and shame onyour Permanent secretary Mr Kombo Mwero. The continued ineptitude displayed by the staff at the lands registry continues to hinder economic growth and deter the very important trade in land and  buildings.  This is a matter of great importance to the wider economy, and the savings from efficiency would have far reaching effects across the board. The economy should not be denied the gains that would come from a greater employment of modern technology on account of civil servants who are caught up in a tradition of lethargy and poor service delivery.

Urgent reform is vital at the lands registry now. This, dear Minister Kibwana is more important and urgent, and even deliverable than the clamor for a new Constitution.

Collins Mbalo
About the author:
Collins Mbalo blogs at the Nairobian's Perspective ! where he writes on everything from economics, social and political issues in Kenya.




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written by Tim Norwood , October 02, 2007
This is truly shameful!! I wonder why not more people have commented on this article, is it that we are not surprised by the woeful standards at the Lands Registry?
It has been numerously enumerated on these pages that the Kenyan government does not know the difference between a keyboard and a mouse. Perhaps this is because the state's employees are ancient, disinterested people with little incentive to innovate? Hire a fewer university graduates and let them make a difference. I am sending this off to the government's spokesman. Maybe he can tell Kibwana off.
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written by Timothy Wainaina , October 03, 2007
Timely article, Collins. How far we can reform our economic systems will determine just how fast we can change our economic fortunes.

I agree most of all with your last line. The economic Kingdom must we seek first, for after it, all things are given unto us. Insecurity, hunger, sexual crimes, corruption and so on. many of these are at least partly caused by the lack of economic opportunity. Making trade easier will be central to this economic growth, as will easing business, credit systems and all other such measures as reduce business risk.
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written by Marangu , October 03, 2007
Like Tim, I never thought we would see much time commmitted to this thread, much as it is about an issue that affects thousands of Kenyans daily. If you hit a snag with the Department of Lands at whatever level, you are stuck for years on end.It is good to hear of some progress within the Ministry, but a closer look at the Departments at District and Provincial level will reveal that we have yet alot to be done.
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Great Article
written by pndiangui , October 03, 2007
Re-engineering public insitutions in Kenya is as necessary as providing some food-relief. I however think this sort of process innovation to deliver maximum value to mwananchi can be initiated right through charters that are currently being used to hire public servants.
In those charters , a lack of an actionable strategic plan by the concerned ministries and departments makes the charters a bunch of write-up goals which dont address the underlying 'things to be done' to deliver results that will effectively impact the 'bottom-line' (The savings of time and resources when delivering services). That each department hasnt gone into a thought-process that goes deep into the discovery of what it is about , in assence its purpose and where it fits in the value chain of the Public service delivery , basically perpetuates the lack of such actionable strategic plans.
It is in such plans that the idea of cutting costs through re-engineering the processes of service delivery can be mooted and assined as part of the deliverable of the say the PS , undersecretary coming down to the accountant of say the ministry of lands, with consequences of receiving a yellow slip if each of these fails to deliver on a certain set timeframes. And this can even be escalated by lack of a central planning resource allocation that is then devolved to all Ministries , their departments and branches through-out the country. Putting these things in place requires a strategic intent driven from the very top by the CEO of this country himself. I recommend a conversion of the Erastus Mweria team into 'GOK Centre of Excellence' that will focus on nothing else except efficiency and effectiveness of the public service through such methods as process-reengineering , Departmental teams leadership development, Governance compliance etc etc from a National to District and constituency level. This then needs to be in tandem with the going constitutional review framework and even provide advise on matters to do with how to optimize eficiency through devolved governance structures. This team would also be key to Vision 2030.
The economic gain and the subsequent impacts to economic growth rates from such an initiative if it delivers even 50% can be huge.
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Computerisation
written by Mukenya , October 04, 2007
Since the days of Kimunya, we’ve always been promised that all the land records/maps would be computerised. Infact, back in 2004, some guys (I think its GeoMaps- http://www.geoafrica.com/index.htm), got so excited about the possibilities of such an exercise, that they offered to do it for free!

But hang on; land is one of the largest sources of corrupt practice in Kenya so it didn’t happen. In the meantime, I have found that going to Ardhi-House is counter-productive, even in Nai, go to Nyayo House 1st.
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