High Court Temporarily Suspends Electronic Land Transactions

by Mahakamani News
Lands CS Fariday Karoney

High Court has temporary restrained Lands Cabinet Ministry Fariday Karoney from implementing electronic filing of conveyancing documents as per the Notice on e-filing dated 4 of April,2018.

“That pending the inter parties hearing and determination of this application and the petition, that status quo ante in respect of mutual conveyancing system should prevail” judge ordered.

Lady Justice Okwani further suspended decision by the Cabinet Secretary and Principal Secretary Ministry of lands , their agents or any person from implementing or acting on the electronic conveyancing per e-filing and subsequent public notice published by the local daily newspaper on 8 of April,2018.

The application was certified urgent and directed to serve all suit papers to respondent’s with seven day’s.

The lawyers body moved to court to challenge electronic land transactions.

The Law Society of Kenya (LSK) Tuesday argued that the digitisation by the Lands ministry should not be implemented as there were no rules in place on how conveyancing would be conducted online.

LSK was initially opposed to the digitisation but two weeks ago after talks by two teams led by Lands Cabinet Secretary Farida Karoney and LSK President Allen Gichuhi, it was announced that a deal had been reached.

The ministry then issued a notice on April 8 requiring all lands transactions in Nairobi to be conducted online.

Through lawyer Duncan Anzalla, LSK argued that the relevant stakeholders were not consulted. 

The matter will be mentioned on 2 of May for further directions.

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