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{
    "id": 964932,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/964932/?format=api",
    "text_counter": 268,
    "type": "speech",
    "speaker_name": "Makueni, WDM-K",
    "speaker_title": "Hon. Daniel Maanzo",
    "speaker": {
        "id": 2197,
        "legal_name": "Daniel Kitonga Maanzo",
        "slug": "daniel-kitonga-maanzo"
    },
    "content": "The Regulations seek to provide for the procedure of conducting electronic land transactions, electronic submission and registration of documents in all registries where an electronic registry is maintained. Regulation 4 provides for an Electronic Registry System in the registries set out in the Schedule, through which all land registry transactions shall be carried out. The Schedule only provides for the Nairobi Registry. Regulation 3 provides for the definition of a ‘user’. Regulations 5, 6 and 7 provide for the process of registration, the Chief Land Registrar’s role in approving user applications, terms and conditions of user agreements and the obligations of a user. Regulation 8 provides for reasons for and the power of the Chief Land Registrar to restrict, suspend or terminate a user’s access to the system. Regulation 9 provides for the process of termination of a user’s access. Regulation 10 provides for the process of appeal against the decision of the Chief Land Registrar to restrict, suspend or terminate a user’s access to the system. Regulation 11 provides guidelines for the use of the system to draw and engross conveyancing documents by authorised and qualified persons under the Advocates Act. Regulations 12, 13 and 14 provide for the creation of electronic documents and instruments, electronic generation of documents for registration and lodging of documents for registration respectively. Regulation 15 provides for payment procedure through existing Governments payment platforms. Regulations 16 and 17 provide for the procedure to be followed by a registrar in the registration and recording process. Regulation 18 provides for public access to the information maintained electronically through a search via an online platform. Regulation 19 provides for the limitation of liability and warranties made by the Cabinet Secretary and other Ministry officials. I will move to scrutiny of the Regulations. The Committee considered the Land Registration (Electronic Land Transactions) Regulations against the Constitution, the Interpretations and General Provisions Act (Cap 2), Laws of Kenya, the Land Registration Act, (No.3 of 2012) and the Statutory Instruments Act (No.23 of 2013). Pursuant to Section 16 of the Statutory Instruments Act, the Committee conferred with the regulation making authority through a meeting held on 1st November 2019 in Diani, Kwale County. The delegation was led by Ms. Farida Karoney, Cabinet Secretary for the Ministry of Lands and Physical Planning. I will now move to findings. Having listened to the regulation making authority and examined the Regulations against the Constitution and other relevant laws, the Committee observed that: 1. On consultations with the National Land Commission, Article 67 of the Constitution stipulates that one of the functions of the National Land Commission is to advise the national Government on a comprehensive programme for the registration of title in land throughout Kenya. In addition, Section 110(2) of the Land Registration Act requires the Cabinet Secretary to take into account the advice of the Commission in making regulations. Contrary to Article 259(11) of the Constitution, consultation with the NLC was not adequately demonstrated, neither was it stated in the enabling clause of the Regulations. 2. Contrary to Section 11(1) of the Statutory Instruments Act, the Regulations were not submitted to the National Assembly within the statutory timeline contemplated, having been published on 28th June 2019, received by the Clerk of the National Assembly on 1st August 2019, and tabled before the House on 6th August 2019. The Regulations ought to have been received by the Clerk of the National Assembly on 30th July 2019. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}