Registrationof Documents Act Cap 285 - as Plain Text by MWakili

LAWS OF KENYA The RegisTRaTion of DocumenTs acT Chapter 285 Revised Edition 2010 (1980) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org 2 CAP.

285 Registration of Documents [Rev.

2010 CHAPTER 285 THE REGISTRATION OF DOCUMENTS ACT ARRANGEMENT OF SECTIONS Section 1Short title.

2Interpretation.

3Registries.

4Documents to be registered.

5Other documents may be registered.

6As to documents not written in specied languages.

7When registrar may refuse to register.

8Property must be identied.

9Document to be registered within two months of execution.

10Penalties for non-registration.

11Registry at which document to be registered.

12Person to present document.

13Registrar to satisfy himself as to genuineness.

14When registrar must register.

15When registrar may refuse to register.

16Power to cancel registration.

17Registrar may procure issue of summons to compel attendance of witness.

18Non-registered document not to be received in evidence without leave of court.

19Books to be kept by registrars.

20Receipt to be given for document.

21Procedure in event of loss of receipt.

22Registrar may notify applications for registration.

23Objectors may lodge protest.

24Method of registration.

25Indexes to be kept.

26Certicate of registration to be endorsed on document.

27Date of registration.

Rev.

2010] Registration of Documents CAP.

285 3 28Documents to be returned when registered.

29Translation of certain documents to be registered.

30Principal Registrar to superintend.

31Registrars may administer oaths.

32Registrar refusing to register shall record his reasons.

33Registrar cancelling the registration shall record his reasons.

34Appeals against refusals to register from registrars to Principal Registrar.

35Appeal from Principal Registrar to High Court.

36Registrars protected for acts done in good faith.

37Defects in appointment or procedure not to invalidate acts done in good faith.

38As to documents executed on behalf of Government.

39Searches.

40Regulations.

4 CAP.

285 Registration of Documents [Rev.

2010 CHAPTER 285 Cap.

161(1948) THE REGISTRATION OF DOCUMENTS ACT 24 of 1950, 41 of 1956, Commencement: 15th October, 1901 19 of 1959, 27 of 1959, An Act of Parliament to provide for the registration of documents 25 of 1963, L.N.

303/1964, 21 of 1966.

Short title.

1.

This Act may be cited as the Registration of Documents Act.

Interpretation.

2.

In this Act, except where the context otherwise requires 41 of 1956, s.

2, L.N.

303/1964.

book includes a portion of a book, and also any number of sheets connected together with a view to forming a book or portion of a book; endorsement and endorsed include and apply to an entry in writing by a registering ofcer on a rider or covering slip to any document tendered for registration under this Act, immovable property includes land, buildings, hereditary allowances, rights of way, lights, ferries, sheries and any other benet to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber (except coconut trees), growing crops or grass; minor means a person who has not attained the age of eighteen years; Principal Registrar means such person as may be appointed by the Minister to exercise the duties of the Principal Registrar of Documents; registrar means any person appointed by the Minister to exercise the duties of a registrar of documents; representative includes the guardian of a minor, and the committee or other legal representative of a lunatic or idiot; signature and signed include and apply to the xing of a mark.

Rev.

2010] Registration of Documents CAP.

285 53.

A registry shall be kept at Nairobi for the whole of Kenya except Registries.

the Coast Province, and shall be known as the Principal Registry, and 41 of 1956, s.

3.

another registry shall be kept at Mombasa for the Coast Province only, and shall be known as the Coast Registry.

4.

All documents conferring, or purporting to confer, declare, limit Documents to be or extinguish any right, title or interest, whether vested or contingent to, registered.

in or over immovable property (other than such documents as may be 27 of 1959, Sch., of a testamentary nature) and vakallas shall be registered as hereinafter 25 of 1963, Sch., prescribed: 21 of 1966, 2nd Sch.

Provided that the registration of the documents following shall not be compulsory (i) any composition deed; (ii) any document relating to shares in a joint stock company, notwithstanding that the assets of such company consist in whole or in part of immovable property; (iii) any debenture issued by such a company, and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to, in or over any immovable property, except in so far as it entitles the holder to the security afforded by a registered instrument, whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property, or any interest therein, to trustees upon trust for the benet of the holders of such debentures; (iv) any endorsement upon or transfer of any debenture issued by any such company; (v) any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest to, in or over any immovable property but merely creating a right to obtain another document, which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; (vi) any lease or licence of land for any term not exceeding one year; or (vii) any document registrable under the provisions of the Government Lands Act, the Registration of Titles Act, Cap.

280.

the Land Titles Act or the Registered Land Act: Cap.

281.

Cap.

282.

Cap.

300.

6 CAP.

285 Registration of Documents [Rev.

2010 Provided that, if any such document relates to land registrable under any such Act and also to land not so registrable, such document shall also be registered under this Act.

Other documents 5.

Any other document may be registered, at the option of the may be registered.

person holding the same: Provided that a registrar may refuse to register any such document, for reasons to be stated by him in writing.

As to documents not 6.

If any document duly presented for registration is not written in English, Arabic, Kiswahili or Gujerati, or such other language as written in specied languages.

may from time to time be prescribed, either generally or locally, the 19 of 1959, s.

2.

registrar may refuse to register the same unless it is accompanied by a true translation in English, certied to the satisfaction of the registrar.

When registrar may 7.

(1) The registrar may refuse to accept for registration any refuse to register.

document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signature or initials such interlineation, blank, erasure or alteration.

(2) If he registers such document, he shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration.

Property must be 8.

No non-testamentary document relating to immovable property identied.

shall be accepted for registration unless it contains a description of the property sufcient to identify the same.

Document to be 9.

Every document the registration whereof is compulsory shall registered within two be registered within two months after its execution, and if executed months of execution.

outside Kenya it shall be registered within two months after its arrival in Kenya.

Penalties for non- 10.

If any such document is not registered within the time registration.

prescribed, the person in whose favour the document is made, or his successor in title, shall be liable to the payment of a ne not exceeding ten times the prescribed registration fee on the document in question, with a maximum of one thousand shillings, and the registrar may impose the ne in his discretion and delay the registration until the ne has been paid.

Registry at which 11.

(1) Any document relating to immovable property situate in document to be a place other than the Coast Province shall be registrable only in the registered.

Principal Registry, and any document relating to immovable property 41 of 1956, s.

4.

situate in the Coast Province shall be registrable only in the Coast Registry: Rev.

2010] Registration of Documents CAP.

285 7 Provided that if any document relates to immovable property in the Coast Province and elsewhere it shall be registrable in either or both the registries.

(2) Any document not relating to immovable property shall, if the duties to be performed under the document are to be performed in a place other than the Coast Province, be registrable in the Principal Registry, and, if the duties are to be performed in the Coast Province, it shall be registrable in the Coast Registry: Provided that, if any such duty or duties under a document may be performed in the Coast Province and elsewhere, the documents shall be registrable in either or both the registries.

12.

Every document presented for registration shall be presented Person to present by the party executing or claiming an interest under it or his agent or document.

attorney duly appointed, or by the representative or assign of such person.

13.

The registrar shall take such steps to satisfy himself as to the Registrar to satisfy identity of the person presenting a document for registration, and of the himself as to right of such person to appear, as he may deem necessary or desirable, genuineness.

and shall inquire whether or not such document was executed by the person by whom it purports to be executed.

14.

If all the persons executing the document shall appear When registrar must personally before the registrar and satisfy him that they are the persons register.

they represent themselves to be, and if they all admit the execution of the document, or, in the case of any person appearing by his representative, assign or agent, such representative, assign or agent admits the execution, or if the person executing the document is dead and his representative or assign appears before the registrar and admits the execution, the document shall be registered as provided by this Act.

15.

If any of the persons by whom the document purports to When registrar may be executed denies its execution, or if any such person appears to the refuse to register.

registrar to be a minor, an idiot or a lunatic, or if the person by whom 19 of 1959, s.

3.

the document purports to be executed is dead and his representative or assign denies its execution, or if the registrar considers it unsuitable for a photostatic copy, the registrar shall refuse to register the document.

16.

If the registration of any document has been obtained by Power to cancel fraud, mistake or misrepresentation, or the document is forged, or the registration.

document or the execution thereof is contrary to law, the registration of 24 of 1950, s.

2.

such document shall be forthwith cancelled by the registrar.

8 CAP.

285 Registration of Documents [Rev.

2010 Registrar may 17.

If any person presenting a document for registration desires procure issue of the appearance of any person whose presence or testimony is necessary summons to compel for the registration of such document, the registrar may call upon a attendance of witness.

subordinate court of the rst or second class having jurisdiction, or the High Court, to issue a summons requiring him to appear at the registry, either in person or by a duly authorized agent as in the summons may be mentioned and at a time named therein.

18.

A document the registration of which is compulsory under Non-registered this Act shall not, unless duly registered, be received as evidence in document not to be received in evidence any transaction affecting the property to which the document relates, without leave of except with the consent of the court and upon such terms and court.

conditions as the court may impose: Provided that nothing in this Act shall make any document inadmissible in any criminal proceeding.

Books to be kept by 19.

The following books shall be kept in both registries registrars.

24 of 1950, s.

3, (a) register of documents of which the registration is compulsory; 41 of 1956, s.

5.

(b) register of documents of which the registration is optional; (c) register of reasons for refusal to register; (d) register of reasons for cancellation of the registration of a document.

Receipt to be given 20.

On a document being presented for registration the registrar for document.

shall give a receipt therefor, and such receipt shall be produced upon any application for the return of the document to which it relates.

Procedure in event of 21.

In the event of a receipt being lost the registrar may deliver loss of receipt.

the document to which it refers to the owner or his authorized agent upon being satised as to the applicants right thereto, and he may also require a reasonable indemnity before delivering the document.

Registrar may notify 22.

Upon receiving for registration any instrument relating to applications for immovable property the registrar may give public notice thereof in registration.

such manner with such particulars as the Principal Registrar may from time to time direct.

Objectors may lodge 23.

Any person who may have cause to object to the registration of protest.

any document may lodge a protest with the registrar stating the grounds of his objection, and upon receipt of such protest the registrar shall inquire into the matter and either refuse to register or delay the registration for a period of fourteen days from the date of his decision.

Rev.

2010] Registration of Documents CAP.

285 9 24.

(1) Every person desiring to register a document shall produce Method of registration.

the original document to be registered at the ofce of the registrar.

19 of 1959, s.

4.

(2) Subject to the provisions of this Act, the registrar shall register the document by ling a photostatic copy thereof in the register in such manner as the Principal Registrar may direct, and shall number every such copy consecutively and shall inscribe thereon the day of the month and year when it was presented for registration.

(3) All copies shall be entered in the register in the order in which the documents to be registered are presented for registration: Provided that, if, before the enactment of this Act, any document has been registered in the way prescribed by this section, such registration shall be valid and have as full force and effect as if such registration had been made in accordance with the provisions of this Act.

25.

At each registry indexes shall be kept of all registered Indexes to be kept.

documents in such form and containing such particulars as the Principal Registrar may direct.

26.

A certicate of registration, signed by the registrar, shall be Certicate of endorsed on every registered document, showing the number of the registration to document in the register and the date of registration.

be endorsed on document.

27.

The day upon which a document is presented for registration Date of registration.

shall be deemed to be the date of registration.

28.

On completion of the registration of any document, the Documents to be registrar shall, on production of the receipt referred to in section 20 returned when registered.

or, if the receipt be lost, upon being satised as to the applicants right and upon taking indemnity as provided in section 21, return the document.

29.

(1) When a document is presented for registration under Translations of certain documents to section 6 the translation shall be led in the register of documents with be registered.

the photostatic copy of the original document.

19 of 1959, s.

5.

(2) The document and the translation shall be treated as one document for the purpose of making copies and endorsements.

30.

The Principal Registrar shall exercise a general superintendence Principal Registrar to over both registries.

superintend.

41 of 1956, s.

6.

31.

Every registrar may, at his discretion, administer an oath to Registrars may any person examined by him under this Act.

administer oaths.

10 CAP.

285 Registration of Documents [Rev.

2010 Registrar refusing to 32.

Every registrar refusing to register a document shall make register shall record an order of refusal and record his reasons for such order in the book his reasons.

prescribed in section 19 and shall endorse the words registration refused on the document and, on application made by any person executing or claiming under the document, shall, without payment and without unnecessary delay, give him a copy of the reasons so recorded.

Registrar cancelling 33.

Every registrar cancelling the registration of a document registration shall shall make an order of cancellation and record his reasons for such record his reasons.

order in the book prescribed in section 19 and shall endorse the words 24 of 1950, s.

4.

registration cancelled on the document and, upon the application of any person executing or claiming under the document, shall, without payment and without unnecessary delay, give him a copy of the reasons so recorded.

Appeals against 34.

An appeal shall lie against an order of refusal or of cancellation refusals to register from any registrar to the Principal Registrar, and the Principal Registrar from registrars to may reverse or alter such order; and if the order of the Principal Registrar Principal Registrar.

directs the document to be registered the registrar shall register it.

24 of 1950, s.

5.

Appeal from 35.

(1) When the Principal Registrar Principal Registrar to Supreme Court.

(a) has refused to register a document presented to him for 24 of 1950, s.

6.

registration or has cancelled the registration of any such document; or (b) has, pursuant to section 34, refused to direct a registrar to register a document or to re-register a document the registration whereof such registrar has cancelled, any person claiming under such a document, or his representative, assignee or agent, may, within thirty days after the making of the order of refusal pursuant to section 32 or of the order of cancellation pursuant to section 33, institute in the High Court a suit for a decree directing that the document be registered or re-registered, as the case may be, in such ofce, and, notwithstanding anything in this Act, the document shall be receivable as evidence in such suit.

(2) The High Court may remit or reduce any of the prescribed fees in special cases for reasons to be recorded.

Registrars protected 36.

The Principal Registrar or any registrar shall not be liable to for acts done in good any suit, claim or demand by reason of anything in good faith done or faith.

omitted to be done in his ofcial capacity.

Rev.

2010] Registration of Documents CAP.

285 11 37.

Nothing done in good faith pursuant to this Act or any Defects in regulations thereunder by the Principal Registrar or any registrar shall appointments or be deemed invalid merely by reason of any defect in his appointment procedure not to or procedure.

invalidate acts done in good faith.

38.

Notwithstanding anything in this Act contained, it shall not be As to documents executed on behalf of necessary for any ofcer of the Government to appear in person or by Government.

agent at any registry in any proceedings connected with the registration of any document executed by him in his ofcial capacity; but when any document is so executed the registrar to whom it is presented for registration may if he thinks t refer to such ofce for information and, upon being satised, shall register the document.

39.

Any person desiring information may apply in person at the Searches.

Principal Registry or at the Coast Registry (as the case may require), and, 19 of 1959, s.

6.

on completion of the prescribed form and on payment of the prescribed fee, may inspect the register relating to the document mentioned in the form.

40.

The Minister may from time to time make regulations for Regulations.

the purpose of regulating any matter or thing to be done under this 19 of 1959, s.

6.

Act, including the specifying of fees to be levied, and the prescribing of forms to be used, for or in connexion with services under this Act, and generally for the better carrying out of the intent and provisions of this Act.

12 CAP.

285 Registration of Documents [Rev.

2010 [Subsidiary] SUBSIDIARY LEGISLATION L.N.

166 /1976, Regulations under section 40 L.N.

215/1988, THE REGISTRATION OF DOCUMENTS (FEES) L.N.

300/ 1994, REGULATIONS,1994 L.N.

54/ 2008, L.N.

8/2010.

1.

These Regulations may be cited as the Registration of Documents (Fees) Regulations, 1994, and shall come into operation on the 26th August, 1994.

2.

The fees levied for services under the Act shall be as set out in the Schedule.

3.

The fees prescribed by these Regulations include provision of the photostat copy prescribed by the Act.

4.

The Government miscellaneous receipts shall be issued upon payment of the fees for services levied under the Act.

5.

The Registration of Documents (Fees) Regulations, 1988, are revoked.

SCHEDULE Fees KSh.

(a) For every document presented for registration 500 (b) For every personal search 1,000 (c) On appeal to the Principal Registrar from an order refusing to register or cancelling a registration under section 34 of the Act 500 (d) For attendance by any ofcer of the registry at any place outside the registration ofce (per day or part thereof of the absence from the registry and the expences incurred) 2,500 (e) On resubmission for registration of any document previously rejected because of error therein or failure to comply with any prerequisite of registration 500 (per document) (f) For every copy of a registered document or abstract folio (i) Where the number of pages or folios does not 100 per copy of exceed ve such pages or folios.

Rev.

2010] Registration of Documents CAP.

285 13 [Subsidiary] (ii) Where the number of pages or folios exceed 100 per copy of ve the rst ve pages or folios plus Ksh.

10 per page or folio in excess of the said ve pages or folios (g) For every copy of a registered plan (per sheet 200 of such plan) (h) For any act or thing not otherwise provided for 1,000 THE REGISTRATION OF DOCUMENTS (FORMS) REGULATIONS L.N.

379/1960, L.N.

303/1964, 1.

These Regulations may be cited as the Registration of Documents L.N.

165/1976.

(Forms) Regulations.

2.

Forms A, B, C and D in the Schedule shall be used in all cases under the Act.

2A.

The fees payable in all matters connected with Forms A, B, C and D wherever applicable shall be those prescribed by the Minister.

3.

The registrars of documents at Nairobi and Mombasa shall keep a supply of the forms for the use of the public.

4.

The registrars of documents shall cause to be impressed on all applications on which fees are paid, and on all copies thereof, a stamp recording the date and time of presentation, in such manner (in the case of the original) as to cancel the stamps afxed in payment of fees; and such impression shall in the absence of fraud be conclusive evidence of the date and time of presentation and that the fees stated in the application to have been paid have been paid.

14 CAP.

285 Registration of Documents [Rev.

2010 [Subsidiary] SCHEDULE (r.

2) FORM A The conditions on the back of this form shall be complied with.

APPLICATION FOR REGISTRATION of the undermentioned documents in the following order of priority: Date of Land Deed File Document Description Reference Number Fee Number (1) (2) (3) (4) Sh.

Number of new certicates of title required at the prescribed fee.

Adhesive revenue stamps afxed hereto to the value of.

The following documents are enclosed for endorsement:(5) Grant No.

.

Lease No.

.

Certicate No.

.

_ The following supporting documents are also enclosed:(6) Clearance Certicate Estate Duty Certicate Registration Copy of Land Control Consent Registration Copy of Provincial Commissioners Consent Withholding Tax Certicate (W.

70) Land Rent Certicate The following consents are endorsed on the documents: Commissioner of Lands or the Chief Engineer, Kenya Railways under the terms of the Grant Chargee to surrender of lease under section 44 of the Registration of Titles Act (Cap.

281) Special instructions, including, if necessary, the name and address of the person to whom the documents are to be sent if other than the presentor: Signature.

Name in block capitals.

Postal address.

Date.

.

To be submitted in triplicate.

Rev.

2010] Registration of Documents CAP.

285 15 (Reverse) [Subsidiary] CONDITIONS 1.

Every document presented for registration must be accompanied by Form to accompany this form.

documents.

2.

Application for registration forms are printed in sets of three, each set Number of forms to comprising an original, duplicate and triplicate.

Forms may be obtained post submit.

free from the Registrar of Titles, Nairobi, and Mombasa.

3.

The form must be completed accurately in accordance with these How to complete.

conditions.

Failure to do so may result in the rejection of the application.

The information supplied by the presentor must appear legibly in English on all three forms.

If registration is sought at both the Nairobi and Mombasa Registries, separate applications accompanied by the document must be addressed to each.

The following are the explanations of the numbers appearing in brackets on the form (1) Give a brief description of each document, e.g.

Conveyance, Assignment, Transfer, Charge, etc.

(2) The land reference numbers of all parcels of land dealt with in each document must be entered, e.g.

1870/XX/9, 1870/XX/10.

If the document is not to be registered against a title to land, e.g.

powers of attorney, building plans, agreements, etc., the word Nil must be inserted.

(3) Where possible the deed le number should be inserted in this column.

In the case of titles registered under the Registration of Titles Act (Cap.

281) this is the title number.

For titles registered under other Acts, the number of the deed le is shown in the right-hand column of the registration endorse- ment on the last registered document.

(4) The registration fee tendered must be entered in this column, and the total fees entered at the foot thereof.

The fee payable on presentation is the prescribed-fee per entry in the register, and is not refundable.

This fee is inclusive of copying.

A docu- ment purporting to deal with two or more titles will attract the prescribed fee in respect of each title against which it is to be registered.

(5) All documents presented for registration against titles under the Registration of Titles Act, other than caveats, statutory notica- tions and court orders, must be accompanied by the appropriate title deed, and the registration particulars of that deed must be inserted in this paragraph of the form.

No documents are required for endorsement under the other Acts.

(6) Indicate, by placing a tick in the appropriate boxes, the support- ing documents which accompany the application or consents which are endorsed on the documents.

16 CAP.

285 Registration of Documents [Rev.

2010 [Subsidiary] Payment of fees.

4.

Fees may only be paid by afxing adhesive revenue stamps to the required value in the space provided on the original application form.

Such stamps may be obtained from post ofces.

Spoilt or damaged adhesive revenue stamps will not be accepted, but stamps upon which the presentor has placed his name stamp shall not be deemed spoilt or damaged for this purpose.

Separate applications 5.

A separate set of application forms must be submitted for each to be made.

document, except in the case of a set of documents which are to be registered against the same title or are related to each other.

For example, a discharge of a charge, a surrender of a lease, a transfer and a new charge all relating to L.R.

No.

999/999 would properly form the subject of one application, and similarly a power of attorney executed by the registered proprietor followed by a transfer executed by the attorney are related to each other and can form the subject of one application.

Submission of 6.

Applications may be submitted as follows applications.

(a) by post to the appropriate Registrar; (b) by delivery in the box provided at the appropriate Land Registry; (c) by requesting the Collector of Stamp Duties to forward the application form to the appropriate Registrar after stamping the document.

Priority is not established until the application is in the hands of the Registrar, and no responsibility is accepted by the Collector for any delay.

Rejections.

7.

Documents re-presented for registration following their previous rejection must be accompanied by a fresh set of forms of application duly completed.

The fee in such a case is the prescribed fee for every document which was the subject of a formal rejection.

Form B NOTICE OF APPEAL AGAINST REFUSAL BY A REGISTRAR TO REGISTER A DOCUMENT To: The Registrar-General of Titles, The Principal Registrar, Our reference: Land Registry, Nairobi.

.

TAKE NOTICE that I/We.

of P.O.

Box.

hereby appeal against the decision of the Registrar set forth in his letter No.

.

dated.

refusing to register Rev.

2010] Registration of Documents CAP.

285 17 Description of document.

[Subsidiary] Date of document.

Parties to document.

Land reference number(s).

Presented on ., 19 ., by.

My/Our grounds of appeal are as follows: (If this space is insufcient please continue on the back) Adhesive revenue stamps to the value of Sh.

.

in payment of fees are afxed hereto.

Date.

.

Signature of Appellant or his Advocate.

To be submitted in triplicate.

_ Form C APPLICATION FOR COPY To: The Registrar, Our reference: Land Registry, Nairobi/Mombasa.

.

I/We request you to supply.

certied/uncertied copy/copies of the following: Adhesive revenue stamps to the value of Sh.

.

in payment of fees are afxed hereto.

Date.

Signature.

Insert below in block capitals the name and address in Kenya to which the copy is/copies are to be sent: Name.

Postal address.

(For completion in the Registry) The above-mentioned copy is/copies are forwarded herewith.

18 CAP.

285 Registration of Documents [Rev.

2010 [Subsidiary] The above request cannot be met because.

.

Date.

.

Registrar.

To be submitted in duplicate.

_ Form D APPLICATION FOR PERSONAL SEARCH OF: Land Reference Title or Deed File Number Number Adhesive revenue stamps to the value of the prescribed fee are afxed hereto.

Signature.

Postal address.

Date.

Deed le checked on completion of search by:.

Counter Clerks initials.

CONDITIONS 1.

This form must be submitted in duplicate with revenue stamps to the value of the prescribed fee afxed to the original, which will be retained in the Land Registry.

2.

Persons making searches may take brief notes in pencil, but no document shall be copied.

3.

In no circumstances may any note or mark be made on any document, le or register produced for inspection.

4.

Persons making searches shall check the contents of any deed le produced to them and have it checked by the counter clerk, both before and on completion of the search, and obtain his initials on the duplicate search form; otherwise the person searching will be held liable for any document lost or damaged.

5.

The counter clerks duty does not extend to answering questions on matters of title, and no responsibility is accepted for any opinion which may be expressed by him.

Rev.

2010] Registration of Documents CAP.

285 19 [Subsidiary] THE REGISTRATION OF DOCUMENTS (CHANGE OF L.N.

277/1967.

NAME) REGULATIONS 1.These Regulations may be cited as the Registration of Documents Citation.

(Change of Name) Regulations.

2.

these Regulations Interpretation.

minor does not include a woman who has been married; the relevant person means the person whose name is being changed.

3.

(1) A document evidencing a change of name of a person resident in Document evidencing Kenya change of name (a) which is in Form 1 in the Schedule; and may be endorsed on registration.

(b) in respect of which the following requirements of these Regulations have been complied with, shall, upon being registered, be endorsed by the registrar with the words Registered in accordance with the Registration of Documents (Change of Name) Regulations.

(2) If the relevant person is a woman she shall be described in the document as a spinster, a married woman, a widow or (if her marriage has been dissolved) a feme-sole, as the case may be.

(3) The document shall be signed by the relevant person in both the old and the new names (or in the case of a minor by his parent or other legal guardian), and the signature shall be witnessed by one witness.

(4) If a minor whose name is being changed is over sixteen years of age his consent shall be endorsed on the document and witnessed by an advocate.

4.

The following further evidence shall be produced to the registrar in Further evidence to relation to the relevant person be produced.

(a) in all cases, a certicate of birth, unless the birth was not registered; (b) if a married woman, her certicate of marriage, or other evidence of her marriage if it was not registered, together with (i) the written consent of her husband to her change of name, the consent being endorsed on the document evidenc- ing the change of name and witnessed by an advocate; or (ii) a certicate from an advocate that she is living separate from her husband in such circumstances that the separation is likely to be permanent; (c) if a widow, her certicate of marriage, or other evidence of her marriage if it was not registered, together with the certicate of 20 CAP.

285 Registration of Documents [Rev.

2010 [Subsidiary] death of her husband; (d) if a feme-sole, her certicate of marriage, or other evidence of her marriage if it was not registered, together with the decree absolute or certicate of divorce.

Statutory declaration.

5.

The documents mentioned in regulations 3 and 4 shall be exhibited to a statutory declaration made by a person resident in Kenya in Form 6 in the Schedule.

Resident outside 6.

If the relevant person is resident outside Kenya evidence shall be Kenya.

produced that he does not intend such residence to be permanent, and the registrar may require the production of a certicate by an advocate as to the nature and probable duration of such residence.

Forms.

7.

The forms set out in the Schedule shall be used for the purposes of these Regulations.

SCHEDULE (rr.

3, 5, 7) Form 1 DEED POLL ON CHANGE OF NAME A this Change oF name DeeD is made this.

day of.

19.

by me.

of 1.

a resident of Kenya now or until recently called.

WitnesseD anD it is hereBy DeClareD [on behalf of myself, my wife 2 and my children and remoter issue born or to be born] as follows: 1.

I absolutely renounce and abandon the use of my said former name of.

.

and I3 assume and determine to take and use [from the date hereof] the new name of.

in substitution for my former name of.

2.

I shall at all times hereafter in all records documents and other writings and in all actions and dealings and on all occasions whatsoever use the new name of .in substitution for my former name of.

so relinquished as aforesaid to the intent that I [my wife and my children and issue]2 may hereafter be known not by the former name of .but by the new name of.

only.

3.

I authorize and require all persons at all times to describe and address me [my 2 wife and my children and issue] by the new name of.

in Witness whereof I have hereunto subscribed my new name of.

.

and also my former name of.

.

and have afxed my seal the day and Rev.

2010] Registration of Documents CAP.

285 21 [Subsidiary] year rst herein written.

signeD sealeD anD Deliv-.

ereD by the abovenamed in [former name] the presence of:.

[new name] This is the Deed marked A referred to in the Declaration of.

.

and produced and shown to him on making the said Declaration before me this day of.

19.

.

Commissioner for Oaths notes: 1.

Insert name and description.

A woman must be described as spinster, married woman, widow or (if her marriage has been dissolved) feme- sole.

2.

Omit as necessary.

3.

Omit if the change has already taken place.

4.

One witness is required.

_ Form 2 Consent oF hUsBanD [to be endorsed on Deed Poll of Married Woman] I.

of.

the husband of the within-named.

hereby certify that I consent to the change of name of my wife effected by this Deed.

Date.

signed.

Witness to the signature of the above named: Advocate.

22 CAP.

285 Registration of Documents [Rev.

2010 [Subsidiary] Form 3 CERTIFICATE OF ADVOCATE [alternative to Form 2] I.of.

an advocate of the High Court of Kenya hereby certify that the within-named.

is known personally to me and is separated from her husband.

.

in such circumstances that the separation is likely to be permanent.

Date.

Signed.

Witness to the signature of the above-named: _ Form 4A DEED POLL BY PARENT OR GUARDIAN ON CHANGE OF NAME BY INFANT this Change oF name DeeD is made the.

day of.

19.

by me.

11 of.

the [father and] [mother and] legal guardian of.

of .now or until recently called.

who is an infant now of the age of.

years [and a spinster]1and a resident of Kenya.

WitnesseD anD it is hereBy DeClareD as follows: 1.

On behalf of the said.

I absolutely renounce and abandon the use of.

his [her] former name of.

.

and on his [her] behalf assume and determine to take and use the new name of.

in substitution for his [her] former name of.

2.

The said.

will at all times hereafter in all records documents and other writings and in all actions and dealings and on all occasions whatsoever use the new name of .in substitution for his [her] former name of .so relinquished as aforesaid to the intent that the said.

[his wife and his children and remoter issue]2 may hereafter be known not by the former name of.

but by the new name of .only.

3.

On behalf of the said.

I authorize and require all persons at all times to describe and address the said Rev.

2010] Registration of Documents CAP.

285 23 [Subsidiary].

[his wife and his children and remoter 2 issue] by the new name of.

in Witness whereof I have hereunto set my hand and seal the day and year rst herein written.

signeD sealeD anD DelivereD by the above-named in the presence 3 of: (Exhibit marking as for Form 1) notes: 1.

Delete as appropriate.

2.

Delete in the case of a female infant.

3.

One witness is required.

Form 4 CONSENT BY INFANT OVER SIXTEEN [to be endorsed on Deed Poll by Parent or Guardian] I .of.

being of the age.

years consent to the change of my name effected by this Deed.

Date.

Signed.

Witness to the signature of the above-named: Advocate.

_ Form 5 STATUTORY DECLARATION OF IDENTITY I.

of.

a person resident in Kenya do solemnly and sincerely declare as follows: 1.

I have for.

years personally known the person formerly known as.

and now known as.

.

.

referred to in the Deed now produced and shown to me and marked A which person is hereinafter referred to as the relevant person.

2.

The certicate of birth now produced and shown to me and marked B is 24 CAP.

285 Registration of Documents [Rev.

2010 [Subsidiary] the certicate of birth of the relevant person.

[OR] To the best of my knowledge information and belief the birth of the relevant person was not registered.

3.

The relevant person and the person who executed the said Deed marked A are one and the same person.

4.

I declare as aforesaid from my personal knowledge of the person formerly known as.

and now known as.

and I make this Declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act.

Declared by the above-named Before me, Commissioner for Oaths.

_ Form 6 statUtory DeClaration oF iDentity [for change of name of a minor] I.

of.

a person resident in Kenya do solemnly and sincerely declare as follows: 1.

I have for.

years personally known the person formerly known as.

and now known as.

and referred to in the Deed now produced and shown to me and marked A which person is hereinafter referred to as the relevant person.

Minor 2.

The certicate of birth now produced and shown to me and marked B is the certicate of birth of the relevant person.

3.

To the best of my knowledge and belief the person who executed the said Deed is the parent [guardian] of the relevant person.

Married Woman 2.The certicate of birth and the certicate of marriage now produced and shown to me and respectively marked B and C are the certicate of birth of the relevant person (whose single name was.

.

.) and the certicate of marriage of the relevant person with [name of husband].

Rev.

2010] Registration of Documents CAP.

285 25 [Subsidiary] Widow 2.

The certicate of birth and the certicate of marriage now produced and shown to me and respectively marked B and C are the certicate of birth of the relevant person (whose single name was.

.

.) and the certicate of marriage of the relevant person with [name of husband].

3.

The certicate of death now produced and shown to me and marked D is the certicate of death of the said [name of husband].

Feme-sole 2.

The certicate of birth and the certicate of marriage now produced and shown to me and respectively marked B and C are the certicate of birth of the relevant person (whose single name was.

.) and the certicate of marriage of the relevant person with [name of husband].

3.

The certied copy decree absolute of divorce [or] certicate of divorce now produced and shown to me and marked D is a true copy of the decree dissolving [or] certicate of the dissolution of my said marriage.

4.

I declare as aforesaid from my personal knowledge of the said.

and I make this solemn Declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act.

Declared by the above-named Before me, Commissioner for Oaths.

Note.If any birth, marriage or death was not registered, the declarant should so declare to the best of his knowledge and belief, and the rest of the form should be modied accordingly.

.