The Developer's Digest, July to August 2015 Issue

FOCUS ON POLICY
FOCUS ON POLICY
WORLD BANK DOING BUSINESS 2015 DATA
WHAT CONTRIBUTES TO THE REGISTRATION DELAYS?
The duration of registering property can anything from 1 day to up to 3 years as reported by key informant.
The key reasons for delay include:
STUDY FINDINGS ON PROCEDURE KIPPRA & WB
CHALLENGES AS PRESENTED BY KEY
INFORMANTS
1. Land disputes (29.4%) on ownership, succession, lengthy
court procedures, caution or encumbrances on land.
2. Political influence and power struggles (19.6%) especially
between NCL and MoL at national level and
3. Cultural beliefs and practices e.g. land inheritance given
the patriarchal culture in Kenyan societies; pastoralism.
4. Implementation issues; transition from old to new
regime.
5. Corruption including fraud & irregular land allocation
accounted for 32.4% of challenges identified.
6. High costs: some fees including stamp duty, registration
costs were considered high.
7. Inadequate resources which resulted in poor
infrastructure, inadequate equipment, poor human
and financial resources contributing to delays in
undertaking activities such as surveys, valuation etc.
8. Lack of information and ignorance by the parties
involved.
9. Inefficiencies in land registries which could be as a result
of budgetary constraints, incompetent staff, dated maps,
low level of digitization hence unnecessary paperwork,
10. Bureaucracy; Multiplicity of steps and agencies as
demonstrated in the tables above.
RECOMMENDATIONS
1. Effective dispute resolution mechanisms.
2. Enact relevant regulations that;
- Provide clarity of roles amongst relevant stakeholders.
- Provide for effective transition from old laws to new
laws.
- Ensure proper management of land.
3. Address corruption
4. Simplify the land registration process and address the
multiplicity of agencies in the process of registration of land;
- This could address a number of challenges including
cost, corruptions and inefficiency
5. Hasten record clean-up and subsequent digitization
6. Human resource;
- Capacity building/training/motivation of staff
- Hire additional competent staff
7. Financial resource;
- Alternative financing mechanism
8. Ensure proper implementation;
- Which is the key oversight institution which will ensure
proper implementation of land policy/law?
- How to encourage more active private public
participation?
- Does this require new land policy?
In conclusion, LET US DIALOGUE.
The article was a presentation made by Prof. Joseph Kieyah and Anne Gitonga of KIPPRA.
Kenya Property Developers Association... Development brings Development!
Kenya Property Developers Association... Development brings Development!
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