A directive to waive fees for land title searches was issued by the Cabinet, chaired by the President on 6th April, 2017, as part of the Government’s policy to make doing business in Kenya easier. While the directive is yet to be gazetted and no mention has been made of the same on the Ministry of Lands’ website, we expect that the necessary formalities shall be put in place shortly to enable investors obtain land title searches free of charge.
Obtaining title searches is oft fraught with delays, bureaucracy and hidden charges; this can frustrate potential investors and stall viable projects. If properly executed, the waiver will encourage more parties to undertake due diligence title searches prior to commencing land transactions, which in turn may reduce the number of land fraud cases ending up in the penal and judicial systems.
The reprieve is one of the laudable reforms that government has been initiating in the Ministry of Lands, coming short on the heels of digitization of records and mass issuing of title deeds (three million titles issued by the Government since taking office in 2013), the lowering of tax rates for large scale developers and removal of the National Environmental Management Authority and National Construction Authority levies. These reforms are intended to lower development/construction costs while increasing transparency and effectiveness at the Ministry of Lands, so as to expand development and investment in the country.
We note to keep you updated on further developments.
Please contact us at Info@cfllegal.com should you require further information.
