A Deed of Indemnity (Form LRA 17) is a legal instrument used in Kenya when a property owner needs to reconstruct a lost or missing deed file at the Land Titles Registry. This jurisdiction-specific document is prescribed under the Land Registration Act and the Land Registration (General) Regulations, 2017, specifically Rules 28(4) and 29(4). It provides legal protection to the Government of Kenya and its officers against potential claims arising from the reconstruction of missing land registry files.
This form is intended for registered property owners, corporate entities, limited liability companies, land administrators, trustees, and their legal representatives who need to conduct land searches or transactions but discover that their deed file cannot be traced at the Land Registry. When advocates apply for an official search and are informed that the original deed file is missing, the property owner must execute this indemnity before the file can be reconstructed to allow transactions to proceed.
The deed requires comprehensive details including the date of execution, owner's name and registration details, postal address, and full property description. The document establishes that the owner was not involved in the disappearance of the original deed file and desires its reconstruction. Critically, the owner indemnifies and holds harmless the Government of Kenya, its officers, and agents from all actions, claims, demands, costs, and losses arising from the file reconstruction, provided such losses arise from fraud or illegality on the owner's part.
The deed must be executed as a formal instrument, typically sealed with the company's common seal in the presence of authorized directors or officers. It is supplemental to an affidavit sworn by the owner and remains valid until the owner ceases to be the registered proprietor. This indemnity enables the Land Registry to reconstruct missing files while protecting government interests within Kenya's land administration system.