Overcoming hurdles to electronic conveyancing in Kenya: an in-depth analysis of Kenya’s National Land Information Management System, 'The Ardhi-Sasa System’

Abstract

The Ministry of Lands in Kenya faces significant challenges in adopting electronic conveyancing (econveyancing) under the National Land Information Management System (NLIMS), commonly known as Ardhisasa. Despite efforts to digitize land records and streamline conveyancing, the transition from manual, paper-based systems to digital platforms have been slow and uneven. This has resulted in service delivery inefficiencies, operational setbacks, and continued reliance on traditional methods, particularly in counties outside Nairobi. The failure to fully realize the benefits of e-conveyancing raises critical questions about the root causes of this implementation gap and the specific constraints impeding the successful adoption of electronic conveyancing practices in Kenya. This study examines the legal and institutional framework governing e-conveyancing in Kenya to identify the key barriers hindering its full implementation. It explores technical limitations, administrative inefficiencies, regional disparities, and stakeholder resistance, assessing whether the current legislative and policy environment adequately supports digital land transactions. Additionally, it evaluates the project management and organizational structure of NLIMS to determine whether the Ministry of Lands and affiliated institutions possess the necessary resources, leadership, and capacity to sustain digital conveyancing. By addressing these challenges, this research proposes practical recommendations to enhance the efficiency, accessibility, and reliability of electronic land administration in Kenya. The findings will contribute to a deeper understanding of the reforms needed to ensure the successful and equitable implementation of e-conveyancing across all regions.