[kictanet] Amend the law to enable end-to-end land transactions

[Victor Kapiyo]

The lawyers are here. We have been otherwise occupied trying to figure out
how the new LMIS system works, in order to facilitate your conveyancing
transactions!

I wonder why some people want to digitise wakili's out of business, surely.
Jameni? Can't we be left to 'eat' our legal fees in peace?

Anyway, I think this is a good initiative. Trust me all lawyers want these
land transactions to move quicker. Only that we need, for the benefits of
our clients, to ensure there is proper due diligence done to ensure the
integrity of land transactions. As you're all probably aware, land disputes
form a huge chunk of cases in our courts - in fact there is an entire court
(ELC) dedicated to land matters. We facilitate the conveyance process and
do not as some suggest, act as obstacles to land transactions. In fact, the
faster we transact, the sooner we get paid - so nobody wants delays. Delays
are caused by inefficiency, corruption, bureacracy and disorganisation in
some of the registries. It is also important to note that the property
management framework is a very complex regime and whereas technology can
enhance such processes, there are certain technicalities that require a
legal mind to determine.

That said, the challenge with this government project is that it was
conceptualised, designed and implemented - i believe in secret - and
without adequate participation of key stakeholders. How many people here
knew of the details of the land registry digitisation process until the
lands registry in Nairobi was closed to the public for the migration
process last month? If the process was more participatory, and there was
better communication and awareness, then i doubt we would be having the
issues being raised here or in the articles. As lawyers, we want change.
But the technocrats developing ICT systems for e-government need to be more
transparent about such projects. As we speak there is no programme for
training on using the system or a manual at best - save for a sketchy 1
min. 29 sec. video and a paragraph with scanty instructions (see
screenshot). Jameni. We must strive to implement such projects better, if
the country has to get to where it needs to. The approaches to e-gov
programmes need to be more holistic, strategic and systematic to ensure
success. We deserve better, and we can do better.

Ni hayo tu.

*Victor Kapiyo*
Partner | *Lawmark Partners LLP*
Advocate of the High Court of Kenya, Commissioner for Oaths & Notary Public
*Suite No. 8, Centro House, Westlands, Nairobi | **Web: www.lawmark.co.ke
<http://www.lawmark.co.ke> *
====================================================

*“Your attitude, not your aptitude, will determine your altitude” Zig
Ziglar*

On 12 April 2018 at 18:05, Ali Hussein via kictanet <
kictanet at lists.kictanet.or.ke> wrote:

> Where are the lawyers?
>
> Ukiwa upande huu utajitetee...Ukiwa upande ule... LOL
>
> *Ali Hussein*
>
> *Principal*
>
> *AHK & Associates*
>
>
>
> Tel: +254 713 601113
>
> Twitter: @AliHKassim
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>
> On Thu, Apr 12, 2018 at 5:57 PM, Walubengo J via kictanet <
> kictanet at lists.kictanet.or.ke> wrote:
>
>> @SMM,
>>
>> I am under 'Siekke' for the article ;-)
>>
>> I received a message from one of the lawyers who promised me a 'Class
>> Suit'.  Am googling what that means and hope the digital lawyers onlist
>> will come to my aid ;-)
>>
>> walu.
>>
>> On Thursday, April 12, 2018, 4:30:44 PM GMT+3, S.M. Muraya via kictanet <
>> kictanet at lists.kictanet.or.ke> wrote:
>>
>>
>> Correction: Article is via @JWalu
>>
>> https://www.nation.co.ke/oped/ blogs/dot9/walubengo/2274560-
>> 4380642-lfxopw/index.html
>> <https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-4380642-lfxopw/index.html>
>>
>> The discussion the Lands ministry should have been having with the
>> lawyers is about how to amend the law to enable end-to-end land
>> transactions rather than how to protect the lawyers from the inevitable
>> disruption that technology is bringing.
>>
>>
>> LSK argument for remaining analogue, being anti digital..
>>
>> https://www.businessdailyafrica.com/news/Ministry-switch-to-
>> online-land-registry-sparks-row-with-LSK/539546-4376104-i3oh05/index.html
>>
>>
>> LSK cites 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.”
>>
>>
>>
>> https://www. businessdailyafrica.com/news/ Ministry-switch-to-online-
>> land-registry-sparks-row-with- LSK/539546-4376104-i3oh05/ index.html
>> <https://www.businessdailyafrica.com/news/Ministry-switch-to-online-land-registry-sparks-row-with-LSK/539546-4376104-i3oh05/index.html>
>>
>>
>> On Thu, Apr 12, 2018 at 3:55 PM, S.M. Muraya <murigi.muraya at gmail.com>
>> wrote:
>>
>> Noted well @walu
>>
>> The discussion the Lands ministry should have been having with the
>> lawyers is about how to amend the law to enable end-to-end land
>> transactions rather than how to protect the lawyers from the inevitable
>> disruption that technology is bringing.
>>
>> https://www.nation.co.ke/oped/ blogs/dot9/walubengo/2274560-
>> 4380642-lfxopw/index.html
>> <https://www.nation.co.ke/oped/blogs/dot9/walubengo/2274560-4380642-lfxopw/index.html>
>>
>>
>>
>>
>> --
>> SMM
>>
>> *"Better a patient person than a warrior, one with self-control than one
>> who takes a city." Prov 16:32*
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