Section 1 of Registration of Documents Act CAP 285: Short title

This Act may be cited as the Registration of Documents Act

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Section 2 - Interpretation

In this Act, except where the context otherwise requires— “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...

Section 3 - Registries

A registry shall be kept at Nairobi for the whole of Kenya except the Coast Province, and shall be known as the Principal Registry, and another registry shall be kept at Mombasa for the Coast...

Section 4 - Documents to be registered

All documents conferring, or purporting to confer, declare, limit or extinguish any right, title or interest, whether vested or contingent to, in or over immovable property (other than such documents...

Section 5 - Other documents may be registered

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

Section 6 - As to documents not written in specified languages

If any document duly presented for registration is not written in English, Arabic, Kiswahili or Gujerati, or such other language as may from time to time be prescribed, either generally or locally,...

Section 7 - When registrar may refuse to register

(1) The registrar may refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their...

Section 8 - Property must be identified

No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of the property sufficient to identify the same.

Section 9 - Document to be registered within two months of execution

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

Section 10 - Penalties for non-registration

If any such document is not registered within the time prescribed, the person in whose favour the document is made, or his successor in title, shall be liable to the payment of a fine not exceeding...

Section 11 - Registry at which document to be registered

(1) Any document relating to immovable property situate in a place other than the Coast Province shall be registrable only in the Principal Registry, and any document relating to immovable property...

Section 12 - Person to present document

Every document presented for registration shall be presented by the party executing or claiming an interest under it or his agent or attorney duly appointed, or by the representative or assign of such...

Section 13 - Registrar to satisfy himself as to genuineness

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

Section 14 - When Registrar must register

If all the persons executing the document shall appear personally before the registrar and satisfy him that they are the persons they represent themselves to be, and if they all admit the execution of...

Section 15 - When Registrar may refuse to register

If any of the persons by whom the document purports to be executed denies its execution, or if any such person appears to the registrar to be a minor, an idiot or a lunatic, or if the person by whom...

Section 16 - Power to cancel registration

If the registration of any document has been obtained by fraud, mistake or misrepresentation, or the document is forged, or the document or the execution thereof is contrary to law, the registration...

Section 17 - Registrar may procure issue of summons to compel attendance of witness

If any person presenting a document for registration desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registrar may call upon a...

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

A document the registration of which is compulsory under this Act shall not, unless duly registered, be received as evidence in any transaction affecting the property to which the document relates,...

Section 19 - Books to be kept by registrars

The following books shall be kept in both registries— (a) register of documents of which the registration is compulsory; (b) register of documents of which the registration is optional; (c)...

Section 20 - Receipt to be given for document

On a document being presented for registration the registrar shall give a receipt therefor, and such receipt shall be produced upon any application for the return of the document to which it...

Section 21 - Procedure in event of loss of receipt

In the event of receipt being lost the registrar may deliver the document to which it refers to the owner or his authorized agent upon being satisfied as to the applicant’s right thereto, and he may...

Section 22 - Registrar may notify applications for registration

Upon receiving for registration any instrument relating to immovable property the registrar may give public notice thereof in such manner with such particulars as the Principal Registrar may from time...

Section 23 - Objectors may lodge protest

Any person who may have cause to object to the registration of any document may lodge a protest with the registrar stating the grounds of his objection, and upon receipt of such protest the registrar...

Section 24 - Method of registration

(1) Every person desiring to register a document shall produce the original document to be registered at the office of the registrar. (2) Subject to the provisions of this Act, the registrar shall...

Section 25 - Indexes to be kept

At each registry indexes shall be kept of all registered documents in such form and containing such particulars as the Principal Registrar may direct.

Section 26 - Certificate of registration to be endorsed on document

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

Section 27 - Date of registration

The day upon which a document is presented for registration shall be deemed to be the date of registration.

Section 28 - Documents to be returned when registered

On completion of the registration of any document, the registrar shall, on production of the receipt referred to in section 20 or, if the receipt be lost, upon being satisfied as to the applicant’s...

Section 29 - Translations of certain documents to be registered

(1) When a document is presented for registration under section 6 the translation shall be filed in the register of documents with the photostatic copy of the original document. (2) The document and...

Section 30 - Principal Registrar to superintend

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

Section 31 - Registrar may administer oaths

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

Section 32 - Registrar refusing to register shall record his reasons

Every registrar refusing to register a document shall make an order of refusal and record his reasons for such order in the book prescribed in section 19 and shall endorse the words “registration...

Section 33 - Registrar cancelling registration shall record his reasons

Every registrar cancelling the registration of a document shall make an order of cancellation and record his reasons for such order in the book prescribed in section 19 and shall endorse the words...

Section 34 - Appeals against refusals to register from registrars to Principal Registrar

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

Section 35 - Appeal from Principal Registrar to Court

(1) When the Principal Registrar— (a) has refused to register a document presented to him for registration or has cancelled the registration of any such document; or (b) has, pursuant to section 34,...

Section 36 - Registrars protected for acts done in good faith

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

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

Nothing done in good faith pursuant to this Act or any regulations thereunder by the Principal Registrar or any registrar shall be deemed invalid merely by reason of any defect in his appointment or...

Section 38 - As to documents executed on behalf of Government

Notwithstanding anything in this Act contained, it shall not be necessary for any officer of the Government to appear in person or by agent at any registry in any proceedings connected with the...

Section 39 - Searches

Any person desiring information may apply in person at the Principal Registry or at the Coast Registry (as the case may require), and, on completion of the prescribed form and on payment of the...

Section 40 - Regulations

The Minister may from time to time make regulations for the purpose of regulating any matter or thing to be done under this Act, including the specifying of fees to be levied, and the prescribing of...

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