Deed of Rectification of Name in Kenya: Correcting Land Records Under the Law

Intro

Accuracy in land records is essential for protecting property rights and ensuring smooth transactions. Where a registered proprietor’s name appears incorrectly on a title document — whether due to a spelling error, typographical mistake, or lawful change of name — the law provides a clear mechanism for correction.

In Kenya, rectification of a name in land records is undertaken pursuant to the Land Registration Act and the Land Registration (General) Regulations.

The Applicable Form: Form LRA 87

The primary document used to initiate the correction is:

Form LRA 87 – Application to Rectify the Register

This is the prescribed form for amending entries in the land register, including correcting the name of a registered proprietor. The applicant is required to:

• Indicate the Title Number of the property
• State the incorrect name as it appears in the register
• Clearly specify the correct name
• Provide a detailed explanation of the error

The application is submitted to the relevant Land Registrar for consideration.

Supporting Documentation

To successfully process a rectification of name, the Land Registrar will typically require supporting documents to justify the correction. These may include:

• A Statutory Declaration explaining the discrepancy
• Supporting Affidavits
• A Deed Poll (where the name change was formal and registered)
• A Marriage Certificate (if the change arises from marriage)
• Copy of National ID or Passport
• KRA PIN Certificate
• Original Title Deed or Certificate of Lease

The documentation must demonstrate consistency between the identity of the registered proprietor and the corrected name.

The Rectification Process

1. Filing the Application

The registered proprietor (or their advocate) completes and lodges Form LRA 87 with the Land Registry where the property is registered. In registries that are digitized, applications may be processed via the ArdhiSasa platform.

2. Review by the Registrar

The Land Registrar examines the application and supporting documentation to confirm that the correction is justified and lawful.

3. Notice of Intention (Where Necessary)

In certain cases, the Registrar may issue:

Form LRA 91 – Notice of Intention to Rectify the Register

This notice provides an opportunity for any affected party to raise objections before the correction is formally made.

4. Consent Forms (If Applicable)

Where rectification affects additional parties or proprietorship structures, further documentation may be required, including:

• Form LRA 88 (for companies)
• Form LRA 89 (for individuals)

Once satisfied, the Registrar effects the correction in the land register and updates the title records accordingly.

 

Why Rectification Is Important

Failure to correct discrepancies in a proprietor’s name may result in:

• Delays during property transfers or sales
• Complications in succession proceedings
• Challenges when securing financing or charging property
• Questions arising during due diligence

Ensuring that the register accurately reflects the proprietor’s legal identity safeguards ownership rights and facilitates seamless future transactions.

 

Professional Assistance

Although the process appears procedural, compliance with statutory requirements is essential. Errors in documentation or omissions may result in delays or rejection of the application.

Our firm regularly assists clients with preparation, filing, and follow-up of rectification applications to ensure efficient and compliant processing.

 

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified advocate in Kenya.