You paid for land whose title got lost? Here’s what to do

QUESTION
I bought one-and-a-half acres only to realise the owner lost his Identity Card and the title deed, though the search indicates the land belongs to him. We obtained a police abstract only to be told by the Registrar of Persons the old man had a first generation ID card. The man is in his 80s. How do I process my title deed?

Denge Wilson

Kapsabet

To begin with, it’s important to understand that there are two types of land tenure systems in Kenya, that is, freehold and leasehold.

Freehold is where one has absolute ownership of the land for life. That means he has the unlimited right to use and dispose it subject to the rights of others and the regulatory powers of the national and county governments.

On the other hand, for leasehold, interest in the land is for a specific period subject to payment of a fee or rent to grantor.

From your question, the assumption is that the land is freehold acquired under the land adjudication process.

Now, on the old generation ID, the seller should apply for a new ID card after reporting the loss to the police. He will then be issued with nusu kipande. Then take the police abstract to the Registrar of Persons office where his details will be recorded and a notification of issuance of a new ID given, what I refer to as nusu kipande. This will assist him when dealing with government agencies.

He will, thereafter, be issued with a new generation ID card which he will use during the transfer of the land to you. He will also require to swear an affidavit witnessed by a lawyer to confirm that he is the same person as in the old generation ID and has lost his land title deed.

Secondly, the seller has to apply for a provisional or duplicate certificate of title at the District Land Registry (Kapsabet) to replace the title that got lost. However, he will have to produce evidence as required by the police to satisfy the Land Registrar of the loss of the previous title. This will be through submission of a police abstract and an affidavit to confirm the loss of title.

After the Land Registrar is satisfied with the evidence proving the loss of the title, he will give advice on how much to pay for the publication of the loss by the Government Printer in the Kenya Gazette. This publication is also repeated in any two local newspapers of nationwide circulation.

Payment could be done in the form of bankers cheque or money order.

After the expiry of 30 or 60 days from the date of publication of the gazette notice and no objection has been raised to the issuance of a new title, the Land Registrar will go ahead and issue a new one. There will be an entry recorded in the register to show the same. A duplicate or provisional title will be issued in his name.

Upon issuance of a duplicate title, the transfer from the original owner to you will then proceed with preparation of a transfer document signed by both parties and witnessed by a lawyer and consent granted by the Land Control Board in your area.

A stamp duty of 2 per cent of the value of the land will be paid as a statutory requirement before the transfer is registered by the District Land Registrar and a title issued in your name. In case the lost title is ever found, the law requires that it is submitted to the Land Registrar for cancellation. The age of the seller (80 years) does not matter.

Directorate of Research and Advocacy, National Land Commission

-Do you have any queries regarding your agricultural land? Send your questions to: [email protected]