Mucheke, Zubeda Yussuf
(2017)
Challenges to E-Conveyancing in Kenya: Case Study of the Ministry of Lands.
["eprint_fieldopt_thesis_type_phd" not defined] thesis, The Open University of Tanzania.
Abstract
This is a Research on the Challenges to Electronic Conveyancing in Kenya with a case study of the Ministry of Lands in Kenya. The objective of the study was to find out why despite several attempts e-conveyancing has not been successfully implemented in Kenya, and whether the prevailing Legal Framework enables e-conveyancing in Kenya. The study adopted case study and descriptive methods, employing qualitative data collection from library and field research. Data was collected from employees of the Ministry of Lands and Physical Planning in Kenya and the National Land Commission through self-administered questionnaires developed for different typology of respondents who also included customers and members of the public. In the Literature review various theories of adoption of ICT and e-government were investigated, such as the Unified Theory of Acceptance and Use of Technology, to investigate factors that promote the use and acceptance of new technology. The main results from the research are that there was lack of stakeholder involvement, lack of training for users, insufficient legal provisions for adoption of electronic conveyancing, conflict of interest and poor security for the systems. Accordingly the study concludes that the main challenges of e-conveyancing are inadequate legal framework and conflict of interest leading to poor project management as well as user resistance. I recommend that The Law Reform Commission and the Legislature undertake to amend Land Laws and the Law of Contract in Kenya to enable digital signatures and electronic contracts on immovable property.
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