Lawyer Danstan Omari has provided a detailed explanation of the legal process for replacing a lost, stolen, or destroyed land title deed under Section 33 of the Land Registration Act, Chapter 300, in the Kenya constitution.
He initiated the conversation by outlining several all-too-common scenarios that lead to loss of a title deed, including misplacement, theft by visitors or family members, loss during travel, or destruction due to fire or pests. He emphasized that regardless of the cause, the law provided a clear procedure for recovery.
Omari highlighted that the first step, according to Section 33, was to report the loss to the police and obtain a police OB (Occurrence Book), detailing the circumstances under which the title deed or lease was lost or stolen. This documentation was essential for initiating the legal replacement process.
“The law in Section 33 of the Land Act, Chapter 300, provides that whenever a title deed, lease, or document issued by the Land Registrar has been misplaced, or has been stolen, the first step is to report the matter to the police. You must get an police OB, and in the police OB, you will give the circumstances of how the title deed or the lease was lost or got misplaced,” the lawyer stated.
The next step is for the landowner to make a statutory declaration, which involved swearing an affidavit before a senior advocate or, if the individual was abroad, before a notary public or a public witness.
The affidavit must clearly state how the document was lost, stolen, or destroyed. This step ensured that the Registrar had formal, sworn documentation regarding the loss.
Omari stressed that local or village gazettes did not meet the legal requirement. In addition, the loss had to be advertised in at least two national newspapers with wide circulation for a minimum of 60 days. The Registrar had the discretion to adjust this requirement but had to ensure adequate public notification.
If the original title deed later resurfaced, it had to be returned to the Registrar. Omari warned that possessing two title deeds for the same land was illegal and constituted a criminal offense.
He reassured viewers that the law under Section 33 provided a comprehensive framework to address these situations and ensured that landowners could legally replace lost or destroyed title deeds.
