A Resident of Malindi Shows her Tittle Deed
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The Supreme Court recently stated that a letter of allotment cannot be considered a title deed.
This ruling overturns the previous decision made by the High Court which recognized the letter as a step in the land allocation process rather than proof of ownership. A land letter of allotment is an official document issued by either a government authority or a landowner to confirm the allocation of a specific piece of land to an individual or company. It provides important details such as the location, size, and plot number of the property. Additionally, it includes the name of the person or entity being allotted the land, as well as any terms and conditions, including restrictions or specific use requirements.
The person responsible for the allotment must specify whether it is a permanent or temporary arrangement and outline the fee or rent terms. According to the Land Regulations of 2017, the National Land Commission is responsible for overseeing plot allocations and preparing lease documents on behalf of both national and county governments. These lease documents are then submitted to the land registrar for registration and issuance of a certificate of lease to the allotted. Within the designated timeframe and for the specified purpose outlined in the correspondence, individuals possess the authority to utilize the land for residential, agricultural, or commercial endeavours.
They also retain the privilege to construct on the premises, while adhering to local regulations and obtaining the necessary permits. Furthermore, they have the option to transfer or lease the property. It is important to note that the allotment letter differs from a title deed, which serves as conclusive evidence of land ownership and associated legal rights. A title deed is a legally binding agreement that verifies an individual's complete ownership of the land, devoid of any usage or time restrictions. The Court of Appeal has affirmed that the issuance of an allotment letter, satisfaction of the conditions specified within, and subsequent issuance of a title document establish the creation of land ownership.
The Ministry of Lands, Housing and Urban Development issues title deeds at their regional registry offices. In accordance with the Land Registration Act, the Registrar awards a certificate of title upon registration or to a purchaser following a transfer or transmission by the proprietor. Title deeds are typically submitted to courts as strong evidence that the individual listed as the owner of a piece of land possesses complete and irrevocable ownership rights. These documents come in two forms: Freehold Title deeds, which indicate full ownership of a property, and Leasehold deeds, which grant the right to utilize a specific plot of land for a set period (usually 99 or 999 years). They typically include information such as the land's location, size, survey number, and the name of the owner or leaseholder.
Recently, eviction proceedings commenced at the East African Portland Cement PLC, resulting in the demolition of numerous homes, schools, and churches. Those affected assert that they had made payments for their land, although they do not have official land ownership papers, relying instead on an Aimi Ma Lukenya Society certificate of membership.
According to interviews with some of the victims, they collectively raised funds to acquire the land. However, it has recently come to attention that the East Africa Portland Cement Company gave notice in 2016 which signified that the land was not up for sale. The notification, made on June 15, 2016, via a warning on the company's Facebook page intended to serve as a caution to uninformed citizens against engaging in these plots.