Land Titles Act
Commencement Date: 11/30/1908
An Act of Parliament to make provision for the removal of doubts that have arisen in regard to titles to land and to establish a Land Registration Court
1.This Ordinance may be cited as the Land Titles Act.
2. The President may, by proclamation published in the Gazette and published in such other manner (if any) as he thinks fit, apply this Act to any district, area or place in Kenya, and may by that proclamation fix the day on which this Act shall apply to that district, area or place.
24 of 1959,s. 2
3.(1) In this Act and in all instruments purporting to be made or executed thereunder, except where inconsistent with the context and subject-matter—
"certificate of title" means a certificate of title granted by the Recorder of Titles under this Act.
"encumbrance" means any charge on immovable property created for the purposes of securing the payment of an annuity or sum of money other than a loan;
"immovable property" includes land, benefits to arise out of land and things attached to the earth or permanently
fastened to anything attached to the earth, but does not include standing timber (other than coconut trees), growing crops or grass;
"instrument" means a certificate of title, conveyance, assurance, deed, map, plan, will, probate or exemplification of will, and any other document in writing relating to the title to immovable property or any interest therein;
"Land Registration Court" means the court constituted under this Act and presided over by the Recorder of Titles or the Deputy Recorder of Titles as judge thereof;
"lunatic" means any person who has been found to be a lunatic under the law for the time being in force in Kenya;
"mortgage" means any charge on immovable property created merely for securing a loan;
"person" includes any association of persons whether designated as an association, society, league or otherwise, and a body corporate whether limited or unlimited;
"person of unsound mind" means any person not a minor who, not having been found to be a lunatic, is certified by two medical practitioners to be incapable from infirmity of mind of managing his own affairs;
"proprietor" means any person seized or possessed of any freehold or other estate or interest in immovable property at law, or in equity in possession, in futurity or expectance, and any person possessed of or having any interest in or entitled to any charge upon any immovable property;
"Recorder of Titles" includes a Deputy Recorder of Titles;
"signed" and "signature" include a mark made by an illiterate person and attested by a witness to the making of such mark;
(2) The description of a person as a proprietor, or as seized of or having any estate or interest in immovable property, shall be deemed to include the heirs, executors, administrators and assigns of that person.
PART II—ADJUDICATION OF CLAIMS
Recorder of Titles
4.The President may appoint an officer to perform the duties of the Recorder of Titles under this Act.
Deputy Recorder of Titles may perform acts of Recorder of Titles
5.Whenever by any law for the time being in force anything is appointed to be done by the Recorder of Titles, it may be lawfully done by any Deputy Recorder of Titles or other officer duly appointed by the President in that behalf.
Jurisdiction of Land Registration Court
6.There shall be a court of special jurisdiction, subordinate to the High Court, to be styled the Land Registration Court, whereof the Recorder of Titles shall be the presiding judge, and the Recorder of Titles shall have jurisdiction in all claims made under this Act relating to immovable property situated in the district, area or place to which this Act has been applied, with powers to determine any questions that may need determination in connexion with those claims, and the Recorder of Titles shall have all the powers of a judge in respect of procedure in the Land Registration Court, including the summoning of and administering oaths to witnesses, assessors, land valuers, appraisers and other persons whose advice, assistance or evidence seem to him to be necessary, the production of instruments and records and the due and proper administration of justice and order in the Court.
Judgments of Recorder of Titles to be final and conclusive, subject to appeal
7.(1) The determination and judgment of the Recorder of Titles upon each claim shall, save as otherwise expressly provided for in this Act, be final and conclusive upon the claimants, and upon those claiming under any of them by any title acquired subsequent to the claim being made.
(2) The Commissioner of Lands, on behalf of the Government, and any person aggrieved by any final judgment or order having the effect of a final judgment of the Recorder of Titles, may within thirty days after the pronouncing thereof lodge with the Recorder of Titles an appeal in writing to the High Court, and the Recorder of Titles shall without delay forward to the High Court the appeal with the record made up as hereinafter provided.
(3) An appeal shall lie from the decrees or from any part of the decrees and from the orders of the High Court made on any such appeal to the Court of Appeal.
Recording of proceedings; consolidation of claims
8.(1) It shall not be necessary for the Recorder of Titles to take down in writing the evidence given in the Land Registration Court of any witness verbatim, unless requested to do so by the claimant or by a person opposing a claim:
Provided that the essence of such evidence shall be noted by him.
(2) It shall not be necessary for the Recorder of Titles to put in writing any judgment delivered by him, except in a short and concise form showing his reasons for arriving at the judgment.
(3) The record of all evidence, whether oral or documentary, taken by the Recorder of Titles at the investigation of the claims shall, subject to the provisions of subsection (5), be made up in a separate file, and the finding or judgment thereon, and reasons therefor, and all orders of the Recorder of Titles in relation thereto, shall be entered on the record.
(4) The record so made up shall at all reasonable times, upon a written application on that behalf, be open to the inspection of any person interested in the claim or his agent duly authorized thereto in writing, with liberty to demand and receive copies thereof or extracts therefrom upon payment of the fees which may be prescribed.
(5) The Recorder of Titles may consolidate the claims of one or more persons, and the claims shall then form the subject of the same investigation; and the record of all evidence whether oral or documentary taken by the Recorder of Titles at the investigation shall be filed with any one of the statements of the claims so consolidated, and the finding or judgment on each of the claims, and reasons therefor, and all orders of the Recorder of Titles in relation thereto, shall be entered on the record.
Venue of Court
9.The Land Registration Court shall be held in such places as the Recorder of Titles shall determine.
Qualified surveyor to be attached to Court
10. (1) There shall be appointed and attached to the Land Registration Court a qualified surveyor who, with such assistants as may be necessary, shall survey land, make a plan or plans thereof and define and mark the boundaries of any areas therein as, when and where directed by the Recorder of Titles, either before, during or after the termination of any question concerning land or any interest connected therewith, and every area so defined and marked shall be further marked with a number or other distinctive symbol to be shown upon the plan or plans for the purposes of complete identification and registration thereof as is herein-after prescribed.
(2) The surveyor or assistant may demand any explanation or information required for the purposes of this Act from any person in his opinion likely to be able to give it.
Oath of Recorder of Titles
11. The following oath shall be taken before a judge of the High Court by the Recorder of Titles before entering upon the execution of his office hereunder—
I, ..............................., do solemnly swear that I will faithfully and to the best of my ability execute and perform the office and duties of Recorder of Titles [or Deputy Recorder of Titles] for Kenya, according to the provisions of the Land Titles Act. So help me God.
Seal of Recorder of Titles
12.The Recorder of Titles shall have and use a seal of office bearing the impression of the Kenya Coat of Arms, and having inscribed thereon in the margin "Recorder of Titles, Kenya", and the imprint of the seal shall be valid whether made in wax, ink or other substances.
Presumption of authenticity of documents of Recorder of Titles
13. All documents purporting to be issued or written by or under the directions of the Recorder of Titles and purporting to be sealed with his seal of office, or signed by him or by one of his deputies, shall be received in evidence, and shall be deemed to be issued or written by or under the direction of the Recorder of Titles without further proof, unless the contrary is shown.
Alteration of forms
14.The Recorder of Titles may from time to time, with the approval of the Minister, make such alterations in the several forms prescribed in the First Schedule as he may deem requisite, and shall, before finally issuing any such altered form, give notice thereof in the Gazette, and such form shall be supplied at the office of the Recorder of Titles free of charge, and every such form shall be taken to be made in the form hereby required, or in the form sanctioned by the Recorder of Titles, unless the contrary is proved.
Making of claims
15. (1) All persons being or claiming to be proprietors of or having or claiming to have any interest whatever in immovable property situated in any district, area or place to which this Act has been applied shall, before the expiration of six clear months from the date of the application of this Act, make a claim in respect thereof to the District Commissioner of the district wherein the immovable property is situated or to such officer as he may appoint:
(i) if a claimant satisfies the Recorder of Titles that he has failed or neglected through ignorance or other sufficient cause to make his claim before the expiration of the period of six months, and if no other claim has been made in respect of the same land or any other part of it, the Recorder of Titles may hear and determine the claim out of time in all respects as if the claimant had made his claim within the period of six months;
(ii) no such claim shall be heard and determined out of time unless it is made within one year of the expiration of the period of six months.
(2) Every such claim shall as regards a claim in respect of-
(a) estates in fee in land, be in form A1 in the First Schedule;
(b) all interests in immovable property other than estates in fee in land, be in form A2 in the First Schedule, and shall be forwarded by the District Commissioner or other officer appointed by him within one month of the receipt thereof to the Recorder of Titles, Mombasa.
(3) Any person may for the purpose of a claim under this section obtain the forms free of charge from the office of a District Commissioner or from the office of the Recorder of Titles at Mombasa.
District Commissioner to give notice to residents; and may sign claims of illiterates
16.(1) The District Commissioner or such officer as he may appoint in that behalf shall cause notice to be given, in such manner as best conveys the requirements of this Act, to all persons concerned therein in that district, and notices shall be issued in such districts and elsewhere as the Minister shall from time to time determine in such language or languages as are understood by those persons, and shall be posted up in the usual places or otherwise disseminated as is deemed expedient.
(2) In districts where any person making his claim is unable for any cause to write, the District Commissioner or such other officer as he may appoint may sign the claim on behalf of that person, and the claim shall have the same effect as if signed by the person with his own hand under this Act.
All land for which no certificate of ownership granted deemed Government land.
24of 1959,s.3, G.N.1603/1955, G.N.1605/1955, L.N.518/1959, L.N.172/1960, L.N.173/1960
17. (1) All land situated in any district, area or place to which this Act has been applied concerning which no claim or claims for a certificate of ownership have been made in the manner and in the period provided, or if, such claim or claims having been made, none have been allowed, shall at the expiration of that period be deemed to be Government land, and the land and all things attached to it or permanently fastened to any thing attached to it shall be subject only to a right or interest in any person other than the Government as may be evidenced by a certificate of title granted under this Act or which may thereafter be granted by or on behalf of the Government.
(2) If, within twelve years from the date on which any land becomes Government land by reason of the provisions of this section, any person satisfies the Minister that he or his predecessor in title was entitled to the land at that date and that the person entitled to make a claim under this Act in respect of the land had no notice of the application of this Act to the area within which the land is situated or for other good and sufficient reason failed to make a claim, the Minister may direct either—
(a) a grant to be made of the land to him if practicable, or
(b) such value as in the circumstances may appear reasonable to be paid to him by the Permanent Secretary of the Ministry for the time being responsible for land.
Recorder of Titles to deal with claims
18.(1) The Recorder of Titles, upon receipt of the claims hereinbefore provided for, shall proceed to deal therewith in the order and according to the district, area or place to which the Act has been applied as seem to him to be most expedient in connexion therewith, and, in the event of any dispute or doubt arising out of or from any claim to immovable property or interest therein, shall give notice to the persons concerned of the date when and place where he proposes to hear and determine in the Land Registration Court the matters in dispute or doubt.
(2) If a claimant fails to appear on the day fixed for investigating his claim and no good and sufficient cause is shown for this absence, the Recorder of Titles may make an order or give judgment as he deems fit.
(3) If a claimant appears in reasonable time and satisfies the Recorder of Titles that his absence was due to sickness, accident or some other cause over which he had no control, the Recorder of Titles shall cancel any order made or open up any judgment given under this section.
Representation of interested persons
24 of 1959, s.4.
19.(1) A party in any proceeding in the Land Registration Court may appear by an advocate.
(2) The Chief Commissioner or any assistant to the Chief Commissioner, and the officer in charge of the administration of any district concerned therein, shall in the same manner have a right of audience whenever any person is concerned in any proceeding in the Land Registration Court, and any officer or person generally or specially appointed in that behalf by the Commissioner of Lands shall have a right of audience on behalf of the Government in any proceeding in that Court.
Certificate of title to be granted to successful claimant
20.(1) After six months from the date of the application of this Act, or as soon thereafter as is possible, the Recorder of Titles shall give a certificate of title to those persons whose right to any immovable property or any interest therein has been determined.
(2) Certificates of title shall be of three kinds—
(a) a certificate of ownership in form B in the First Schedule, which shall be granted to those persons whose claim to an estate in fee in land has been upheld;
(b) a certificate of mortgage in form C in the First Schedule, which shall be granted to mortgagees of immovable property or any undivided share thereof or interest therein under any instrument valid in law;
(c) a certificate of interest in form D in the First Schedule, or as near thereto as the case may require, which shall be granted to persons whose rights as owners of immovable property (other than land), or whose rights by way of lease, encumbrance, charge, lien, contract or other interest in any immovable property (except such rights as would be included in a certificate of ownership or mortgage), or whose rights in remainder, reversion or expectancy in or to immovable property, or any undivided share thereof, have been upheld.
Effect of certificate of title
21.Save as in this Act otherwise expressly provided, every certificate of title duly authenticated under the hand and seal of the Recorder of Titles shall be conclusive evidence against all persons (including the Government) of the several matters therein contained, and a certificate of ownership shall be conclusive proof that the person to whom the certificate is granted is the owner of the coconut trees, houses and buildings on the land in respect of which the certificate is granted, at the date of the certificate, unless there is noted thereon in manner hereinafter provided a memorandum to the contrary effect.
Boundaries to be shown on plan and to be marked on the land; penalty for alteration of boundary marks
22.Upon the determination of the right of any proprietor, and, if the Recorder of Titles should so think fit, before the issue of the certificate of title, the surveyor appointed under section 10 or his assistant shall, if and when directed by the Recorder of Titles, demark and delimit the boundaries of the land comprised in the estate upon a map or plan, and he shall determine, place or cause to be placed upon the land boundary marks showing the demarcation and delimitation thereof, such boundary marks to be so placed at the expense of the Government and maintained and repaired at the joint or proportionate expense of the proprietor of the land and of the proprietors of land contiguous thereto, and any proprietor thereafter altering or causing to be altered whether temporarily or otherwise those boundary marks without the leave in writing of the Recorder of Titles or other officer duly authorized in that behalf shall be guilty of an offence and subject to penalties as hereinafter provided.
Instruments of title to be deposited with Recorder of Titles on issue of certificate of title
23.Upon issuing a certificate of title to any proprietor under this Act, the Recorder of Titles shall require the proprietor to deposit with him all instruments of title which the proprietor has in his possession or power and which have not already been so deposited.
Endorsement of instrument relating to other property; Recorder of Titles to retain instruments deposited
24. (1) If any such instrument relates to or includes any property, whether movable or immovable, other than the property included in the certificate of title, then the Recorder of Titles shall endorse thereon a memorandum cancelling it in so far only as relates to the property included in the certificate of title, and shall return the instrument to the proprietor.
(2) The Recorder of Titles shall retain in his office all instruments so deposited except such as he is hereby directed to return to the proprietor, and no person shall be entitled to the production of an instrument so deposited except upon the written order of the proprietor who deposited it or of some person claiming through or under him, or upon the order of the High Court.
Death of claimant
25.Where any claimant dies in the interval between the date of his claim and the date appointed for the certificate of title to issue in accordance with the provisions hereinbefore contained, the certificate of title shall be issued to the person to whom the property the subject of the claim has devolved.
Recorder of Titles to keep register of certificates of title
24 of 1959,s.5
26.(1) The Recorder of Titles shall keep a register and shall file therein the photostat copies of all certificates of title issued under this Act.
(2) Each certificate of title shall constitute a separate folio of the register.
Contents of certificate of title
24 of 1959,s.6.
27.(1) Every certificate of title shall set out a description of the immovable property therein referred to, with figures and references necessary to identify it on the plan or map of the area in which it is situated, and a correct statement of the right, title or interest of the person to whom it is issued.
(2) The Recorder of Titles shall note thereon in such manner as to preserve their priority a memorandum of the particulars of all subsisting mortgages or other encumbrances or of any lease to which the property may be subject, and of the right or interest in the property existing at the date of the certificate of any person other than the person to whom the certificate is issued.
(3) If a certificate of title is issued to a minor or to a person under disability, the Recorder of Titles shall state the age of the minor or the nature of the disability so far as known to him.
(4) There shall be attached to every certificate of ownership a plan of the land the subject of the certificate, and the plan shall be signed by the Recorder of Titles and the Director of Surveys, or such officer as the Director of Surveys may appoint.
Matters excepted from certificates of title
28.(1) A certificate of title shall not confer upon any person any rights over or to any gold, silver or precious stones, or to any mines, metals or minerals whatsoever or to any mineral oil, or to or over the foreshore or to any water except in so far as those rights are expressly mentioned and described in the certificate, and except in that case nothing in this Act or in any certificate of title issued thereunder shall be deemed to derogate from the rights of the Government in or over the foreshore, or any water or any gold, silver or precious stones, or to any mines, metals or minerals whatsoever, or to any mineral oil.
(2) Nothing contained in any certificate of title issued under this Act shall derogate from any rights to or over water or rights-of-way subsisting at the date of the issue of the certificate.
When certificate of title deemed to be registered
29. Every certificate of title shall be deemed to be registered under and for the purposes of this Act as soon as it has been marked by the Recorder of Titles with the number of the folio and volume as embodied in the register book.
30.The Recorder of Titles, upon payment of the fee specified in the Second Schedule, shall furnish to any person applying for it a certified copy of a certificate of title.
Search of register.
31.Any person may, upon payment of the fee specified in the Second Schedule, have access to the register for the purpose of inspection during the hours and upon the days appointed for search.
ll claims to be authenticated by claimant
32.The Recorder of Titles shall not receive any claim under this Act unless there is thereon or therein a statement that it is correct for the purposes of this Act, signed by the claimant or by a person holding a power of attorney in that behalf from the claimant.
Court fees and costs
33.(1) The Recorder of Titles shall, whenever any claim made under section 15 is disallowed by him in whole or in part, order the person whose claim or application has been disallowed to pay to the Government as court fees such sums as he may think fit, not exceeding two per cent of the value of the property claimed, but, save as provided in this Act, no court fees shall be demanded in any proceeding in the Land Registration Court.
(2) Any sum ordered to be paid under subsection (1) shall be recoverable by the Government in the manner prescribed by section 50.
(3) The costs of the parties to any proceedings in the Land Registration Court shall ordinarily be paid by the parties incurring them:
Provided that the Recorder of Titles may, whenever he disallows any claim in whole or in part and the claim or the part thereof disallowed is in his opinion frivolous, vexatious or fraudulent, order that the expenses, or such portion thereof as he determines, incurred by the Government or by any person who has opposed the claims, shall be paid to the Government or to such other person, as the case may be, by the person whose claim is disallowed.
Action to recover possession of land to lie in certain cases
34.Any person claiming to be wrongfully deprived of immovable property or of any estate or interest therein by fraud or by any error, omission or misdescription in a certificate of title may bring and prosecute an action at law for the recovery of the property or of any estate or interest therein against—
(a) the person to whom a certificate of title in respect of the property or estate or interest therein has been granted, by reason of that fraud or with that error, omission or misdescription herein;
(b) any person who has acquired a title to the property or estate or interest therein with knowledge of that fraud, error, omission or misdescription.
Notice of action; limitation of actions
35.No action for recovery of immovable property or any estate or interest therein shall lie or be sustained against the person referred to in section 34 unless notice of the action has been given to the Recorder of Titles and the action is commenced within twelve years from the grant of the certificate of title in respect of the immovable property, estate or interest:
(i) any person who at the time of the grant of the certificate was under the disability of infancy or unsoundness of mind may bring the action within twelve years from the date upon which the disability ceases;
(ii) the times hereby fixed for prosecuting claims shall only begin to run against persons claiming estates in remainder or reversion from the time when those persons acquired a right of possession or enjoyment of the immovable property or estate or interest therein which forms the subject of their claims.
Protection of purchasers, lessees and mortgagees
36.Whenever the person against whom an action could be brought under section 34 has, before notice is given to the Recorder of Titles as provided in section 35, alienated, demised or encumbered the immovable property for valuable consideration, and the alienee, lessee or mortgagee has duly registered the alienation, demise or encumbrance, all rights and claims in or to the immovable property or any interest therein which under this Act should be the subject of a certificate of title or an endorsement thereon shall, unless evidenced by a certificate of title or an endorsement thereon made under this Act, be deemed to be extinguished and void as against the alienee, lessee or mortgagee for valuable consideration, saving however the right of any person to proceed against the person to whom the certificate of title has been granted or his estate to recover such sum as may, in the opinion of the court before which the claim is prosecuted, be equivalent to the injury which he has sustained by the loss of the immovable property, interest or estate.
Rights barred if no claim made
37.Save as is expressly provided in this Act to the contrary, every right, title or interest in any immovable property in respect of which a claim should have been made under section 15 shall, if a claim has not been made in respect thereof in the manner and within the period prescribed on the expiration of six months from the application of this Act to that immovable property, expire; and any claim to such a right, title or interest, whether made by the person who should have made a claim or by a person claiming through him, shall be absolutely barred.
Saving of rights of Government and of public
38.Nothing in this Act shall be held to affect the rights of the Government, except where it is otherwise expressly provided, or any rights which the public may possess or be entitled to in respect of any immovable property.
Records of Title as may summon person to produce certificate of title for cancellation or correction
39.(1) In case it appears to the satisfaction of the Recorder of Titles that—
(a) a certificate of title has been issued in error or contains a variation from the judgment or judgments relating to the immovable property the subject of
the certificate; or
(b) a certificate of title has been fraudulently or wrongfully obtained,
he may call upon the person to whom the certificate has been so issued or by whom it has been so obtained and is retained to deliver it up for the purpose of being cancelled or corrected as the case may require.
(2) If any person refuses or neglects to comply with a requisition under subsection (1), or cannot be found, the Recorder of Titles may issue a summons for that person to appear before him and show cause why the certificate should not be delivered up to be cancelled or corrected.
(3) If any person when served with a summons neglects or refuses to attend before the Recorder of Titles at the time therein appointed, the Recorder of Titles may issue a warrant authorizing and directing the person so summoned to be apprehended and brought before him for examination.
Procedure on summons
40.(1) Upon the appearance before the Recorder of Titles of any person called upon, summoned or brought up by virtue of a warrant, the Recorder of Titles may examine him upon oath, and may order him to deliver up the certificate of title.
(2) Upon refusal or neglect by a person to deliver up the certificate pursuant to an order under subsection (1), the Recorder of Titles may commit that person to prison.
(3) Upon refusal or neglect, or in case the person has absconded so that a summons cannot be served upon him, the Recorder of Titles shall, if the circumstances of the case require it, issue to the proprietor of the immovable property a secondary certificate of title as is authorized under sections 41 and 42 to be issued in the case of a certificate of title being lost, mislaid or destroyed, and shall enter in the register notice of the issuing of the secondary certificate of title and the circumstances under which it was issued, and such other particulars as he may deem necessary.
(4) A secondary certificate shall be available for all purposes and uses for which the certificate of title which was not produced upon the order of the Recorder of Titles would have been available and valid in law.
Records of Title may issue secondary certificate of titles
41.In the event of a certificate of title being lost, mislaid or destroyed, the Recorder of Titles may issue to the proprietor thereof, if satisfied by such evidence as he may require or by a sworn declaration (to be made by the proprietor before him or before a person qualified to administer oaths) stating the circumstances and giving full particulars of the land and interest therein concerned, a certificate containing an exact copy of the certificate of title contained in the register.
Notice to be given before issue of such certificate
42.The Recorder of Titles shall, as and when he proposes to issue a secondary certificate or a certificate in the place of one lost, mislaid or destroyed, give in the Gazette ninety days' notice prior to issue of his intention to make the issue in the absence of any valid objection thereto within the period stated.
Offences and penalties
43.(1) If any person—
(a) fraudulently or falsely makes or assists in making a false or fraudulent claim, declaration or application under this Act, or is privy to the false or fraudulent making of any such claim, declaration or application, or gives or procures the giving or is privy to the giving of false evidence in respect of any claim to any right, title, estate or interest in immovable property under this Act, or fraudulently procures or assists in fraudulently procuring or is privy to the fraudulently procuring of any certificate of title or other instrument or any entry in the register or any erasure or alteration in any entry in the register or in any instrument or form issued by the Recorder of Titles; or
(b) fraudulently uses, assists in fraudulently using or is privy to the fraudulent using of any form purporting to be issued by the Recorder of Titles; or
(c) knowingly misleads or deceives any person hereinbefore authorized to demand explanation or information in respect of immovable property which is the subject of a claim under this Act; or
(d) wilfully damages, removes, defaces, covers up, renders useless, invisible or irrecognizable or in any way whatsoever tampers or deals with boundary
marks of any description provided for in this Act, or causes or procures or is privy to the causing or procuring of the damaging, removing, defacing, covering up or rendering useless, invisible or irrecognizable or in any way whatsoever tampering or dealing with any boundary marks, without the lawful order in writing of an officer duly authorized in that behalf,
he shall be guilty of an offence and liable to imprisonment for a term not exceeding three years or to a fine not exceeding six thousand shillings, or to both such imprisonment and fine.
(2) Any certificate of title, entry, erasure or alteration so procured or made by fraud shall be void as between all parties or persons privy to the fraud.
Conviction not to affect remedy of persons injured
44.No proceeding or conviction of any act declared to be an offence under this Act shall affect any remedy which a person aggrieved or injured by that act may be entitled to against the person who has committed the act or against his estate.
Recorder of Titles may issue writ of possession in favour of Government
45.The Recorder of Titles may, on the application of the Commissioner of Lands, issue a writ of possession in favour of the Government in the prescribed form in respect of any land which, by virtue of section 17, is deemed to be Government land, and the writ shall be enforced according to the terms thereof by an officer of the Land Registration Court or the High Court.
Persons hindering execution of writ may be called upon to show cause
46. If, in the execution of a writ of possession issued under section 45, the officer charged with the execution of the writ is resisted or obstructed by any person, or if after the officer has delivered possession the person placed in possession is hindered by any person in taking complete and effectual possession, the Commissioner of Lands may at any time within one month from the time of the resistance or obstruction or hindrance complain thereof to the Recorder or Titles, and the Recorder of Titles shall appoint a day for the determination of the complaint and intimate to the person resisting or obstructing or hindering the writ that he will be heard in opposition to the complainant if he appears before the Recorder of Titles for that purpose on the day so appointed.
Penalty for hindering execution of writ
47. On the hearing of the complaint, the Recorder of Titles, if he is satisfied of the obstruction or resistance or hindrance complained of, may sentence the person or persons so obstructing or resisting or hindering to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand shillings.
Exemption from stamp duty
48.No certificates of titles issued under this Act shall be liable to stamp duty.
49.The fees specified in the Second Schedule shall be payable in respect of the several acts, matters and things therein mentioned.
Payment of fees,
50. (1) The Recorder of Titles shall fix a date within which the fee payable in respect of a certificate of title shall be paid by the person entitled to the certificate.
(2) If the fee has not been paid by that date, the Recorder of Titles shall endorse on the certificate the sum then payable in respect of the certificate, together with a note that the sum is due and payable to the Government, and shall then issue the certificate to the person entitled thereto.
(3) In the case of every certificate of title, the sum endorsed thereon shall be a debt due to the Government from the person to whom the certificate has been granted and his heirs and successors, and, in the case of a certificate of ownership, shall have priority over all charges or interests over the land the subject of the certificate, whether existing at the date of the certificate or created thereafter.
(4) Until the fee payable in respect of a certificate of ownership has been paid, any sale, mortgage, charge or other disposition of the land the subject of the certificate or any right or interest in or over that land, and every agreement for the sale, mortgage, charge or other disposition (except a devise by will or any lease for a period not exceeding twelve months), to which the consent of the President has not been expressed, shall be void.
(5) The Minister may, in any case he may think proper, authorize the Recorder of Titles to remit the whole or a portion of the fee payable in respect of a certificate of title, and in that case the Recorder of Titles shall endorse the certificate with a note of the remission.
Protection of Recorder of Titles
51. The Recorder of Titles shall not individually, nor shall any person acting under his authority, be liable to any action, suit or proceeding for or in respect of any matter bona fide done or omitted to be done under this Act.
Grant of certificate of title where claimant has agreed to exchange with Government
52. (1) Whenever the Recorder of Titles, in the course of dealing with any claim or claims under this Act, is satisfied that any person who has made a claim for a certificate of ownership has agreed with the Government to surrender to the Government his rights and interests in or over the immovable property claimed in consideration of the Government granting to him a certificate of ownership in respect of other immovable property in the district, area or place to which this Act has been applied, he may issue to that person a certificate of ownership in respect of the area of Government land which the Government has agreed to grant to him and he has agreed to accept.
(2) In every such case the Recorder of Titles shall record in the file relating to the claim made by the claimant the fact that he has surrendered to the Government all his rights and interest in and over the immovable property claimed and that the certificate granted has been granted in consideration of the surrender.
(3) That record shall for all purposes be conclusive evidence of the facts therein set forth.
Grant of certificate of title where no valid claim made
53. If the Recorder of Titles, in the course of dealing with any claim under this Act, is satisfied that any person has any interest in any Government land subject to this Act but is prevented from asserting that claim by reason only that he has not made a claim in respect thereof in the manner or within the time prescribed, the Recorder of Titles may, with the consent of the Minister or of such officer as the Minister may appoint in that behalf, grant to that person a certificate which the Recorder of Titles is satisfied that he would have been entitled to had he made a claim under and in accordance with this Act.