Problems Most TBEN Wrestle With When Buying Land – Govt


The Ministry of Land responded to inquiries from TBEN seeking to make various land transactions online.

According to the ministry, the questions topped the posts 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 helped land buyers understand the key terms and processes.

What rights do women have – married or single?

A signpost with land for sale.


According to the ministry, women have the right to acquire and own land, individually or as a group. They also have the right to be elected and/or appointed to land management institutions and to transact on land in consultation with their spouses and vice versa.

Besides wives, daughters have the right to inherit their parents’ land and property while widows have the right to inherit their deceased husband’s land and property.

What happens in a divorce?

The spouse shares not only the benefits, but also the obligations on the matrimonial property.

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What are some rights of spouses in relation to marital property?

Matrimonial Property Act (2013) provides that married women have the same rights as married men to acquire, manage, possess, control, use and dispose of movable or immovable property; enter into a contract and sue on her behalf and be sued.

written will

According to the Ministry of Lands, a written will must be signed by the creator. If it is signed by anyone other than the creator, this must be done in the presence of the creator and under his/her directions.

Oral will

An oral will can only be considered valid if it has been drawn up in the presence of two or more authorized witnesses and the maker dies within three months. Kenya Defense Forces (KDF) officers are the most important considered in this category.

What is conversion?

Conversion is the process of migrating all plots of land from the repealed land registry statutes to a unitary regime under the Land Registration Act 2012.

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What is the conversion process?

A piece of land in Kamulu, Kenya

A piece of land in Kamulu, Kenya


It includes the preparation of cadastral maps together with a conversion list, publication of the cadastral maps together with a conversion list, submission and handling of complaints.

Other activities include closing old registers and starting transactions in the new record and requesting replacement of title deeds from the old registers.

According to Optiven Limited, a real estate company in Kenya, complaints about conversion must be made within 90 days and then resolved within 90 days of receipt.

“On the Effective Date, all registers maintained in another registry that previously handled the packages within the registry unit will be closed for any subsequent transactions and all transactions performed in the new registry,” Optiven says on its website.

What happens if my title is owned by a third party?

Title documents in the possession of third parties, including banks, hospitals and courts, are replaced only at the request of an owner. Thus, the owner will have to contact the third party to facilitate the replacement process.

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Speak with, Lawrence Gachanja, a lawyer at Fanaka Real Estate, noted that the process is strict due to cases of fraud in the country.

“The incidence of forged wills, attribution letters and the administration of a deceased estate has increased in recent years.

“Some cartels go as far as falsifying sales agreements, land transfer documents, title deeds, stock certificates and green cards. You should be dealing with lawyers and certified agents and real estate companies,” Gachanja said.

Can the third party change ownership?

According to the Ministry of Lands, the conversion process does not involve changes of ownership.

Land rights for children

In response to the questions, the Ministry of Lands noted that children cannot own land or property as children. However, land and property can be held in custody for their benefit and use.

The ministry has further informed the TBEN that the search for land is free.

An apartment building in Nairobi.

An apartment building in Nairobi.



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