Introduction

Losing your title deed can be stressful, especially if you need it for a land sale, development, or legal verification. Fortunately, the Ministry of Lands and Physical Planning in Kenya provides a clear process for the replacement of lost title deed in Kenya. Whether it was misplaced, stolen, or damaged, the law allows for reissuance under specific conditions.

This guide explains how to replace a lost title deed in Kenya, including the legal steps, costs, documents required, timelines, and important considerations. It is tailored for property owners, buyers, heirs, and real estate investors who search online for terms like:

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Can a Lost Title Deed Be Replaced in Kenya?

Yes. Under the Land Registration Act, 2012, the registered proprietor of land can apply for a replacement of the title if the original is lost, destroyed, or otherwise irretrievable. The Registrar is empowered to issue a new title after due diligence and publication in the Kenya Gazette.

The replacement does not affect ownership rights—it simply provides a new copy of the legal document affirming your rights as the landowner.

Step-by-Step Process of Replacing a Lost Title Deed in Kenya

1. Report the Loss to the Police

The first step is to make a report at the nearest police station. You will be issued with a Police Abstract as official evidence of the loss.

2. Swear an Affidavit Explaining the Circumstances

You must prepare a statutory declaration (affidavit) detailing:

  • How the title deed was lost
  • The efforts made to recover it
  • Your identity and capacity as the registered owner

This affidavit must be commissioned by a Commissioner for Oaths or Notary Public.

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3. Conduct an Official Search at the Lands Registry

Your lawyer will apply for a title deed search to confirm:

  • The current status of the property
  • That you are the registered proprietor
  • That there are no pending cautions, charges, or encumbrances

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4. Place a Gazette Notice

You must apply to the Registrar to issue a Gazette Notice announcing the intended replacement of the lost title deed. The notice is published in the Kenya Gazette and must run for 60 days to allow for any objections or claims.

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5. Apply for the Replacement Title

After the 60-day notice period lapses without objection, your lawyer will formally apply for issuance of a new title deed by submitting the following:

  • Original police abstract
  • Sworn affidavit
  • Copy of lost title deed (if available)
  • Duly completed application form
  • Kenya Gazette notice
  • Certified copy of the ID and KRA PIN
  • Land rent and rate clearance certificates
  • Official land search results
  • Payment of the applicable replacement fee

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6. New Title Deed Issuance

Once all documentation is verified and approved, the Registrar of Lands will issue a new title deed. The new deed carries a note that it is a replacement of the original, pursuant to Section 33(5) of the Land Registration Act.

The process typically takes 2 to 3 months, depending on registry workload and publication timelines.

Key Documents Required

  • Police Abstract
  • Sworn Affidavit
  • ID and KRA PIN of the registered owner
  • Copy of the lost title (if available)
  • Land Search Certificate
  • Land Rent & Rates Clearance
  • Gazette Notice
  • Application Letter (through an Advocate)

What Happens if the Lost Title is Later Found?

If the original title deed is found after a new one has been issued, the original must be surrendered to the Registrar for cancellation. It is illegal to use both documents. The recovered deed is rendered void by law.

Can a Buyer Replace a Lost Title Deed?

If you are a purchaser, and the seller has lost the title deed, the seller must complete the above process before the sale can proceed. As a buyer, you must engage a real estate lawyer to ensure that the transaction is legally secure and the title you receive is valid and properly registered.

Legal and Practical Considerations

  • Always retain a scanned copy of your original title deed.
  • Avoid engaging brokers or unofficial agents.
  • If the title is charged (e.g., with a bank), the process must involve the chargee.
  • Work with an advocate to avoid delays or legal mistakes.

Cost of Replacing a Lost Title Deed in Kenya

Estimated costs include:

  • Gazette Notice publication: Kshs. 4,000
  • Legal fees: Varies (usually between Kshs. 30,000 – 50,000 depending on complexity)
  • Registry replacement fee: Kshs.1,000
  • Land search, rent, and rate clearance: Kshs. 3,000

Conclusion

Replacing a lost title deed in Kenya is a legal and structured process governed by the Land Registration Act, 2012. Whether you’re a landowner, beneficiary, or property buyer, it is critical to follow the proper channels to obtain a valid and enforceable replacement title. Working with a qualified advocate ensures the process is smooth, compliant, and free from fraud risks.

At F.M. Muteti & Co. Advocates, we assist clients with the full process of lost title deed replacement, including document preparation, gazette notices, land registry applications, and due diligence.

Contact us today for expert legal help with:

  • Title deed replacement
  • Property transactions
  • Land disputes and verification
  • Real estate due diligence