Registration Of Documents Act Cap 285 in Kenya

This Act may be cited as the Registration of Documents Act

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 book; “endorsement” and “endorsed” include and apply to an entry in writing by a registering officer on a...

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 Province only, and shall be known as the Coast Registry.

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 as may be of a testamentary nature) and vakallas shall be registered as hereinafter...

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.

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

(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 signature or initials such interlineation, blank, erasure or alteration. (2) If he registers such...

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.

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 arrival in Kenya.

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 ten times the prescribed registration fee on the document in question, with a maximum of one thousand...

(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 situate in the Coast Province shall be registrable only in the Coast Registry: Provided that if any...

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 person.

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 desirable, and shall inquire whether or not such document was executed by the person by whom it...

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 the document, or, in the case of any person appearing by his representative, assign or agent, such...

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 the document purports to be executed is dead and his representative or assign denies its execution,...

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 of such document shall be forthwith cancelled by the registrar.

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 subordinate court of the first or second class having jurisdiction, or the High Court, to issue a...

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, except with the consent of the court and upon such terms and conditions as the court may...

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) register of reasons for refusal to register; (d) register of reasons for cancellation of the registration...

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 relates.

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 also require a reasonable indemnity before delivering the document.

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 to time direct.

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 shall inquire into the matter and either refuse to register or delay the registration for a period...

(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 register the document by filling a photostatic copy thereof in the register in such manner as the...

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

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.

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

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 right and upon taking indemnity as provided in section 21, return the document.

(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 the translation shall be treated as one document for the purpose of making copies and endorsement.

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