Nairobi lawyer Danstan Omari has outlined the legal steps for replacing lost, stolen, or damaged land title deeds, referencing Section 33 of the Land Registration Act, Chapter 300.

Omari addressed growing concerns over the security of title documents, which are central to property ownership in Kenya. He explained that title deeds are often lost, stolen, or destroyed, whether due to theft, fire, or pest damage. Despite these varying circumstances, the law provides a clear process for recovering lost titles in a lawful manner.

The first step, Omari noted, is to report the loss to the police, who must record the details in the Occurrence Book (OB). This police report serves as the basis for the legal process, ensuring the Registrar receives an official account of the loss.

Next, landowners must swear a statutory declaration, which must be made before a senior advocate in Kenya or a notary public abroad. 

This affidavit should outline the circumstances of the loss or damage in detail. Omari stressed that this sworn statement is crucial, as it provides the Registrar with verified information under oath. In addition to the declaration, the law requires public notice of the loss. 

The details must be published in the Kenya Gazette and at least two national newspapers with wide circulation for a minimum of sixty days. Omari clarified that local publications or village gazettes are not sufficient to meet this requirement. The Registrar has the discretion to adjust the publication terms but must ensure enough public awareness to prevent fraudulent claims.

Once the publication period concludes, the Registrar may issue a replacement title deed and update the land register. If the original document is found later, it must be returned to the Registrar. Omari warned that possessing two title deeds for the same land constitutes a criminal offence.