An Affidavit for Application for Replacement of Certificate of Title or Lease (Form LRA 15) is a legally binding sworn statement used in Kenya when a property owner seeks to obtain a replacement certificate after the original title document has been lost, misplaced, or destroyed. This jurisdiction-specific document is prescribed under the Land Registration Act, 2012 and the Land Registration (General) Regulations, 2017, specifically Rules 28(2) and 29(2). It is a mandatory requirement for replacing lost or damaged land ownership documents in Kenya's land registration system.
This affidavit is designed for registered property owners, corporate entities, company directors, land administrators, estate executors, trustees, and their legal representatives who have lost or had their original Certificate of Title or Certificate of Lease destroyed and need a replacement from the Land Registry. The form is particularly critical for bodies corporate, companies, organizations, and institutions that hold registered land and require authorized directors or officers to swear the affidavit on behalf of the corporate entity.
The statutory declaration requires comprehensive information including the declarant's identity card or passport number, postal address, and authorization details if representing a corporate body. The declarant must provide the company's name, address, and registration number, along with the specific title number of the property in question. A crucial requirement is the attachment of an official land search conducted within 30 days of making the declaration, which confirms current ownership and any encumbrances on the property.
The affidavit must clearly state whether the original certificate was lost or destroyed, with appropriate supporting documentation. A police abstract reporting the loss or destruction must be attached as evidence. The declarant must confirm that the certificate has not been pledged or given as security to any financial institution beyond what appears in the official search, and must undertake to return the original certificate if subsequently found.
This document protects against fraudulent applications for replacement titles and ensures proper documentation before the Land Registrar issues a duplicate certificate. It must be sworn before a Commissioner for Oaths, making it legally enforceable under the Oaths and Statutory Declarations Act.