Committing offences related to property transactions are becoming increasingly common as the demand for land continues to rise countrywide. Cases have been reported where parties to property transactions knowingly make false statements, either orally or in writing. Others fraudulently procure the registration of title deeds, certificates of lease, or amendments to documents in land registries. Can such offences be penalised by law?
Wangari, Nairobi
According to the Land Registration Act, committing such offences can lead to penalties, including fines not exceeding Sh5 million, imprisonment for a term not exceeding five years, or both.
A majority of offences in land transactions are committed by unscrupulous brokers or agents eager to make quick profits before moving on to the next unsuspecting investor. However, these con artists occasionally collaborate with senior officials at land registries across the country.
For similar reasons, some senior land officials have recently been arraigned in court for aiding or being accomplices in fraudulent transfers. These civil servants are often charged with corruption, fraud, and abuse of office before being released on bond or sureties.
Unfortunate fraudulent brokers, who laugh all the way to the bank while investors lose fortunes due to omissions and commissions, are also being frog-marched to court.
Despite the laws enacted in 2012 to curb these vices, land offences remain a persistent problem that the country has yet to resolve.
A key challenge plaguing property transactions in land registries is the reliance on manual records dating back to 1903.
The computerisation of land documents, as outlined in the Land Registration Act, has helped address some offences while improving service delivery. This shift has enhanced the timeliness of services, reduced the disappearance of documents, installed a file-tracking system, and guaranteed faster results for official searches.
Embracing technology further ensures improved information processing, better service delivery, and the availability of data for transactions, valuation, taxation, and planning.
Reported cases of forgery and fraudulent property transactions remain commonplace in Nairobi. As devolution continues to take shape, the rising demand for property has made counties new hotspots for fraudulent transactions.
Harold Ayodo is an Advocate of the High Court of Kenya.