Land Registration Act allows the Land Registrar to issue a duplicate certificate of title or lease.
But the owner, or proprietor if you wish, must make an application to the effect and also provide the Registrar with satisfactory evidence of the loss or destruction of the previous documents.
But before dealing, the Registrar will require a statutory declaration, in other words a statement under oath, to be made by the owner or owners, to support the application.
Once the Registrar is satisfied with the evidence on the loss, he/she will have to issue a 60 day Kenya Gazette notice on the loss of the title, and will also ensure that a notice of the loss is placed in two local newspapers of nationwide circulation.
The requirement for newspaper notices was placed after protests that Kenya Gazette notices have little circulation and hence affected persons cannot access easily them.
Regular newspaper readers may now be familiar with the sections on lost title deeds in the classified advertisements of our newspapers. Please check them out next time you read.
In lay terms, the routine documents needed for the replacement process include a duly executed affidavit, police abstract and certified copies of national identity cards.
Also the owner’s PIN number, colour passport size photographs and a recent official search in respect of the property are required.
One must also fill up the applicable application form and undertake to return the lost document for cancellation, if later found.