The Search on official searches: the consent conundrum under Ardhi Sasa
Date
2024
Authors
Maina, K. W. F.
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
Land administration operates as a 'gatekeeper' for a resource with a significant collective stake held by the public. Striking a balance between managing this contested resource and delivering effective service is crucial, emphasising the necessity for well-established administrative practices. Key to achieving efficient land administration is the land policy principle of transparency enshrined under Article 60(1)(d). However, a conflict arises with the consent requirement which stands contrary to the transparency principle by impeding open data and access to information. This conflict is particularly evident in official searches essential for due diligence in property transactions, as they are hindered by the mandatory need for prior owner consent. From this, it becomes apparent that hindering access to information not only compromises transparency but also infringes upon the fundamental right to property. This right, which ideally safeguards ownership and acquisition, should inherently encompass the enabling process of due diligence that precedes these crucial factors. As Ardhi Sasa exists as an electronic manifestation of the Land Registration Act, the study critically evaluates the rationale behind the inclusion of the consent requirement prior to conducting official searches. Unravelling this question becomes the core focus of the study, aiming to provide insights into the complexities of the consent requirement and its impact on transparency in the conveyancing process. Ultimately, the study aims to forge a path towards promotion of a land information system where transparency is not just a principle but a living reality.
Description
Full - text undergraduate research project
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Citation
Maina, K. W. F. (2024). The Search on official searches: The consent conundrum under Ardhi Sasa [Strathmore University]. http://hdl.handle.net/11071/15947