Rectification of a Name on a Land Title in Kenya: Legal Process Under the Land Registration Act, 2012

Errors in names appearing on land titles are more common than many property owners realize. Whether caused by a typographical mistake, transposition of names, or a lawful change of name after marriage or through deed poll, such discrepancies should be formally corrected to avoid complications in future transactions.

Under the Land Registration Act (LRA), 2012, rectification of a name on a land title is provided for under Section 79, which empowers the Land Registrar to correct errors in the register.

Below is a practical guide to the process.

 

The Applicable Forms

Rectification of a name is initiated using the prescribed forms under the LRA:

• Form LRA 87 – Application to Rectify the Register
  This is the primary application form. It specifies the incorrect name appearing in the register and provides the correct name to be entered.
• Form LRA 89 – Consent to Rectify the Register
  This form is often required where the rectification affects proprietorship details, confirming that the registered owner consents to the correction.

In some cases, the Registrar may also issue:

• Form LRA 90 or LRA 91 – Notice of Intention to Rectify the Register, allowing for objections (if any) before the correction is effected.

 

Required Supporting Documents

The following documents are typically required to support the application:

• Original Title Deed or Certificate of Lease
• Copy of National ID or Passport
• Copy of KRA PIN Certificate
• Registered Deed Poll (where the name change was formal)
• Affidavit explaining the discrepancy (e.g., spelling error or name rearrangement)
• Birth Certificate or Marriage Certificate (where applicable)
• Two coloured passport-size photographs

Providing complete and consistent documentation is critical to avoid delays.

 

How the Process Works

1. Filing the Application

The application is lodged with the Land Registrar at the registry where the property is registered. Currently, most applications are processed online through the ArdhiSasa platform.

In practice, applications are typically prepared and filed by an advocate on behalf of the applicant to ensure compliance with statutory requirements.

2. Verification by the Registrar

The Land Registrar reviews the submitted documents to confirm the existence of an error and the legitimacy of the proposed correction.

3. Issuance of Notice (Where Necessary)

If required, the Registrar may issue a formal notice of intention to rectify the register to allow any interested parties to raise objections.

4. Payment of Fees

A statutory fee of approximately Kshs. 1,000 is generally payable for the rectification.

Upon approval, the register is corrected and an updated title document reflecting the correct name is issued.

 

Where to File

Applications should be submitted at the relevant Land Registry where the property is registered or online via the ArdhiSasa platform (for registries that are digitized).

 

Why Rectification Is Important

An incorrect name on a title document can:

• Delay property sales or transfers
• Complicate succession proceedings
• Create difficulties when charging property to a bank
• Raise unnecessary due diligence concerns

Prompt rectification ensures the integrity of ownership records and protects your proprietary interests.

 

Professional Guidance

While the process may appear straightforward, land registration matters require strict compliance with statutory and procedural requirements. Professional legal guidance helps prevent rejection, delays, or unintended legal consequences.

If you require assistance with rectification of a land title or any other land registration matter, our firm is available to provide comprehensive support from preparation to successful registration.

 

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please consult a qualified advocate.