EXPLAINER: Step-By-Step Procedure for Replacing Your Lost Title Deed
Lawyer Danstan Omari has offered a full description of the legal process for replacing a lost, stolen, or destroyed land title deed under Section 33 of the Land Registration Act, Chapter 300 of the Kenyan Constitution.
He started the conversation by describing various all-too-common circumstances that result in the loss of a title deed, such as misplacement, theft by visitors or family members, loss while traveling, or damage due to fire or vermin.
According to Section 33, the first step is to report the loss to the police and acquire a police OB (Occurrence Book) outlining the facts surrounding the loss or theft of the title deed or lease.
This documentation was critical for starting the legal replacement process.
Lawyer Omari Explains How to Replace a Lost or Missing Title Deed
— Court Helicopter News (@CourtHelicopter) December 12, 2025
Episode 1: Lawyer Danstan Omari takes us through Section 33 of the Land Registration Act (Cap. 300), explaining the legal process for replacing a lost, stolen, or destroyed title deed in Kenya. He breaks down each… pic.twitter.com/W9VaKRM07q
“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,” the lawyer stated.
“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 landowner must then make a statutory statement by swearing an oath before a senior advocate or, if overseas, before a notary public or a public witness.
The affidavit must indicate exactly how the document was lost, stolen, or destroyed. This step ensured that the Registrar had proper, sworn records of the loss.
After the police OB and statutory disclosure were finished, the loss had to be announced in the Kenya Gazette, the official government journal.
Omari maintained that local or village gazettes did not meet the legal requirements.
In addition, the loss had to be advertised in at least two national newspapers with wide circulation for a minimum of 60 days.
ALSO READ:
- Autopsy Report Reveals Dr Obwaka’s Cause of Death
- Gov’t Explains Why Some Civil Servants Are Yet To Be Paid, Cites ‘Payroll Mix-up’
- Sifuna Explains Why He Skipped ODM’s Coast Meetings
- Tanzania’s Suluhu Says Oil Refinery Never Approved, Questions Ruto
- Over 150K Learners Fail To Complete JSS As Stakeholder Put Pressure On CS Ogamba
The Registrar had the discretion to adjust this requirement but had to ensure adequate public notification.
Once the publication period concludes, the Registrar may grant a replacement title deed or lease and make the necessary updates to the land register.
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.
EXPLAINER: Step-By-Step Procedure for Replacing Your Lost Title Deed
