A Statutory Declaration by a Natural Person for Replacement of Certificate of Title or Lease (Form LRA 16) is a sworn legal statement used in Kenya when an individual property owner applies for a replacement title after the original has been lost or destroyed. This jurisdiction-specific document is prescribed under the Land Registration Act and the Land Registration (General) Regulations, 2017, specifically Rules 28(3) and 29(3). It serves as a formal affidavit supporting the application for a duplicate certificate from the Land Registry.
This form is intended for individual registered property owners, joint proprietors, private landowners, and their legal representatives who need to replace lost or destroyed title documents. Unlike Form LRA 15 which is for corporate bodies, this declaration is specifically for natural persons (individuals) seeking replacement certificates. It is essential when the original Certificate of Title or Certificate of Lease has been misplaced, lost, stolen, or destroyed by fire, flood, or other circumstances.
The declarant must provide their postal address and title number, and attach an official land search conducted within 30 days of making the declaration. The declaration must clearly state whether the certificate was lost or destroyed, with a police abstract attached as evidence. Critically, the declarant must confirm that the certificate has not been pledged or used as security for loans beyond what appears in the official search, and undertake to return the original if subsequently found.
The statutory declaration must be sworn before a Commissioner for Oaths, making it legally binding under the Oaths and Statutory Declarations Act. This formality protects against fraudulent replacement applications and ensures accountability. Once properly executed and submitted with the required supporting documents, the Land Registrar can process the application and issue a replacement certificate within Kenya's land registration framework.