The Law Society of Kenya (LSK) Nairobi Branch has expressed concern regarding the reported loss of paper title deeds. Following this incident, LSK on Wednesday, October 2, issued 13 demands to the Ministry of Lands.
The loss of the title deeds was revealed in a Gazette Notice No. 12436, dated 26 September 2024. “We commend the Ministry of Lands for its prompt communication to the public regarding the lost paper titles,” the LSK statement cited.
The statement further elaborated, “The timely notification is crucial for safeguarding public confidence and mitigating potential risks associated with unauthorized transactions involving the lost paper titles.”
At the same time, LSK emphasized that the alarming development underscores a significant security breach that poses legal risks to property ownership.
In addition, it undermines the sanctity of title within the LSK jurisdiction.
Legal practitioners are advised to remain vigilant. Any advocate or party that comes across the serial numbers listed in the Gazette notice is urged to report them to the relevant authorities.
Additionally, they are asked to report to the LSK Nairobi Branch Secretariat to prevent fraudulent transactions.
The Law Society of Kenya Nairobi Branch is aware of the risks posed by lost paper title deeds.
To curb these risks, it has issued 13 demands to enhance the security of government printing processes and as a result, mitigate the associated threats.
Also Read: Govt Admits Title Deeds Printing Papers Were Stolen
Demands Issued by LSK
- Immediate Reporting Protocols: Establish and publicize a dedicated reporting channel for lost or stolen government printing papers. This will aid advocates and members of the public to quickly report any title deeds matching the serial numbers of the lost papers.
- Controlled Access to Printing Areas: Implement strict access control measures for areas where title printing papers are stored. We propose the use of biometric access control systems and CCTV surveillance, with comprehensible logging of all entries and exits for the storage areas or vaults.
- Enhanced Vetting of Printing Personnel: Introduce stricter vetting procedures for all personnel involved in the printing and issuance of sensitive documents. Regular background checks and continuous monitoring of staff should be implemented to minimize the risk of insider theft or misuse.
- Use of Radio Frequency Identification (RFID) Technology: RFID uses electromagnetic fields to automatically identify, and track tags attached to the documents. Consequently, the implementation of RFID tags on bundles of title deed papers will allow real-time monitoring and traceability of movement and usage.
- Use of Geofencing Technology: Implement geofencing around key locations or areas such as where the paper titles are stored and printed, land registry offices, the strong room at the Lands Registry, and designated processing centers. This will ensure:
- Titles are only processed within the designated and restricted areas; and
- In an attempt to process, transfer, or alter title deeds outside the geofenced areas, the system automatically generates alerts. These alerts will trigger further investigation and halt any transaction until proper validation can be conducted.
- Digital Registry Integration: Develop a blockchain-based digital ledger system to log the issuance and authentication of title deeds. Each physical title deed should have a corresponding digital entry in the registry. If a physical title is lost, its digital counterpart will mark it as invalid or canceled, preventing further transactions.
- Secure QR Codes: Include a scannable QR code on each title deed which code must be scannable by all devices be it Android, IOS, Windows, or any other platform. The codes should link to their digital record at the Government Printers and the Land Registry.
Also Read: Govt Announces Loss of 366 Title Deeds, Issues Warning to Kenyans
More Demands
- Strict Printing and Distribution Protocols: Ensure stringent monitoring mechanisms during the printing process, such as having independent overseers or security personnel present to supervise the printing of sensitive documents. In addition, employ the services of security and intelligence agencies to supervise the transportation to the Ministry of Lands. Also, equip vehicles used in transportation with GPS tracking systems.
- Transition to E-titles: The Ministry and Government Printers should transition from physical paper title deeds to electronic titles.
- Public Awareness and Training for Stakeholders Training for Advocates and Land Officers: Conduct regular training sessions for Advocates, Land Registrars, and other stakeholders on how to detect fraudulent titles and the importance of verifying title deed papers during property transactions.
- Improved Inter-Agency Collaboration: Strengthen collaboration and put in place collaboration systems between the Ministry of Lands, Government Printers, LSK, and law enforcement agencies.
- Establishment of Anti-Fraud Units: Establish a specialized anti-fraud unit within the Ministry of Lands or Government Printer’s Office to deal exclusively with land fraud and the misuse of official title deed papers.
- Development of Online Verification Channels: Implement an online portal for real-time verification of the authenticity of title deeds by advocates, land officials, and the public.
Furthermore, the LSK Nairobi Branch reaffirms its commitment to collaborating with all stakeholders to ensure that title deeds remain secure.
Also, to ensure that property transactions are conducted with the highest degree of integrity and due diligence.
Finally, LSK calls on all advocates and members of the public to exercise vigilance and diligence in property matters, ensuring the integrity and security of land ownership remain uncompromised.
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