Digitization of Land Information Management Systems in Kenya: An Inevitable Messy Affair

Picture source: Google images (https://images.app.goo.gl/N64UvhY893LjxxMUA)

This is one of the posters that was held during the Ardhisasa protest by the Law Society of Kenya. The poster also has a Star Newspaper watermark showing that it was sourced from the Star Newspaper.

Dennis Muthama and Catherine Gateri

Digitisation generally refers to the transformation of “analogue or physical object or attribute to digital form” FIG et al. (2022); IFAD (2023) while digitalisation is “the use of digitised information to improved [organizational] processes” (IFAD p.4). The digitization of land information management systems is a worldwide trend, with numerous countries investing in new technologies and processes to streamline the management of land information and records. Kenya is no exception, with the government investing in digitizing its land information management systems in an effort to improve transparency and efficiency. As understood here, digitisation of land information management systems is the process of converting the LIMS processes from a manual paper-based system to a digital system. In Kenya, the paper-based land records include certificate of title, certificate of lease, survey plans, valuation reports, maps, mutations, land transaction receipts, land sale agreements among others. It is these documents and others that the Kenyan digitalisation programme is in the process of digitizing within the respective land registries.

One of the key achievements of the land digitalization program in Kenya was the establishment of the National Land Information Management System also known as ‘Ardhisasa System’. Ardhisasa provides a one-stop-shop for land transactions, where users can undertake several online land transactions such as land registration, valuation, surveying, adjudication, planning, and allocation. The development and implementation of Ardhisasa in Kenya has been fraught with challenges. For example, our study’s preliminary findings indicate that the process of implementing Ardhisasa has been a complex and messy affair, with several challenges yet to be addressed.

In our ongoing study we have identified several issues namely.

a)     The lack of standardization in the country's existing land records. With a majority of land records being manual, there is a wide variation in the quality and format of the land information. This makes it difficult to digitize the records in a consistent and accurate manner raising concerns about the reliability and accuracy of the information that is being captured.

b)    Low digital literacy levels among the elderly staff. The older staff who make up about 80% of the staff in the land administration bureaucracy usually feel left out of the process. While efforts have been made to train them, our findings show that their digital literacy levels are still low, we are still looking into why this may be the case. However, the low digital literacy levels put at risk the land digitisation and digitalisation efforts given that a capable workforce is one of the main enabling factors for an effective land digitalisation programme. In addition, there is also a shortage of skilled personnel with proper training to handle the huge volume of existing records.  

c)     Low digital literacy levels of landowners and other stakeholders. A huge population of Kenya especially the elderly who are also the main landholders is still digitally illiterate. As a result, this group of the population may find it difficult to access land information and land transactions digitally. Another related issue is their lack of trust in digital systems and the belief in paper-based land records as the only authentic documents.

d)    Lack of proper planning to integrate existing manual records into the new digital system. Though the government has invested in new software and systems to support the digitization of land information management systems there is a need to ensure that the new systems are able to accommodate the large volume of existing records. However, despite the obvious realization that careful planning and management is important to ensure that the new systems are able to effectively manage the new LIS information, recent events such as protests by built environment professionals indicate this continues to be a challenge.

e)     Corruption, fraud, and lack of transparency. These interrelated challenges have plagued the Kenyan land sector for a long time they are also one of the key reasons why Ardhisasa is being developed. Our preliminary findings suggest that these related challenges continue to pose a significant threat to the success of Ardhisasa. For example, lack of transparency in the development of Ardhisasa has made bureaucrats within the land administration system more hesitant to correct minor errors that they would have done before for the fear of being accused of being responsible for the same error. This fear of taking responsibility is slowing land transactions.

Despite the above challenges it is not all doom and gloom since going by the government’s push to digitise all its services the land digitalisation of LIS is an inevitable process (President Office 2022). According to different key informants (e.g., land professionals, officials) that we interviewed this will lead to: improved land transactions transparency; efficient land transaction; and reduced opportunities for corruption and fraud. While we acknowledge that digital systems are also vulnerable to issues that plagued the paper-based system such as human error, land digitalisation can be an important step in solving some of the key land administration issues that have plagued Kenya for a long time.  

In conclusion, the digitization of land information management systems in Kenya is a complex and messy affair, with numerous challenges and obstacles that need to be addressed along the way. Despite these challenges, the government is making significant progress in digitizing its land information management systems, and the benefits of these initiatives are many. However, it is important for the government to approach the digitization process carefully and systematically, taking into account the unique challenges facing the country and adopting a phased approach to ensure the success of the initiative. With careful planning and management, the digitization of land information management systems in Kenya can be a success, bringing numerous benefits to the country and its citizens. As our study progresses and Ardhisasa is rolled out to other counties we will closely follow how the different stakeholders resolve the challenges the system will face in its implementation journey.  By Catherine Gateri and Dennis Mbugua Muthama

References

FAO, UNECE and FIG. 2022. Digital transformation and land administration – Sustainable practices from the UNECE region and beyond. FIG Publication No. 80. Rome. 88 pp. FAO, UNECE and FIG. https://doi.org/10.4060/cc1908en

IFAD. 2023. Frontier Technologies for Securing Tenure: A review of concepts, uses and challenges. Rome.

Ardhisasa 2023. Accessed 28th March 2023, https://ardhisasa.lands.go.ke/home

President Office 2022, The Official Website Office of the President of the Republic of Kenya, Kenyan Government, accessed 27th February 2023, https://www.president.go.ke/president-ruto-government-to-digitise-its-operations/