How to Remove a Caution From Your Kenya Land Title
A caution registered on your Kenya land title is a formal warning that someone claims a right or interest in the land. While a caution exists, no transfer, charge, or other dealing with the land can be registered without the cautioner being notified first.
If you are trying to sell your land or refinance it and you discover a caution, you cannot proceed until the caution is dealt with. There are two routes: the cautioner voluntarily withdraws it, or the Land Registrar is asked to remove it on the grounds that it is unjustified.
Understanding What Type of Caution It Is
The first step is to understand the caution. Attend the Land Registry and request a copy of the caution instrument. This is the document that was filed when the caution was registered. It will tell you:
Who filed the caution (the cautioner's name and contact information). What interest or right they claim to be protecting. When it was filed.
Some cautions are filed by legitimate claimants with genuine interests (a buyer who paid a deposit, a co-owner whose interest was not formally registered, an heir in a disputed succession). Others are filed opportunistically or maliciously to block a transaction.
Understanding the nature of the claim before taking any action is important.
Route 1: Cautioner Withdraws Voluntarily
If the cautioner agrees that their claim is resolved or was unfounded, they can withdraw the caution by filing a withdrawal notice at the Land Registry.
The withdrawal requires:
A completed Form RL 6 (withdrawal of caution) signed by the cautioner. Identity documents of the cautioner. Payment of a small fee (typically KSh 500 to KSh 1,000).
Processing time: 3 to 7 working days.
If the caution was registered on the basis of a paid deposit for a property that the transaction has now been cancelled or completed, the cautioner's advocate should file the withdrawal as part of the transaction close-out. If they fail to do so, the registered owner can request it through the advocate correspondence.
Route 2: Registrar Review Under Section 71 of the Land Registration Act
If the cautioner refuses to withdraw or cannot be reached, the registered owner can apply to the Land Registrar to remove the caution.
Under Section 71(4) of the Land Registration Act 2012, the Land Registrar may remove a caution after giving the cautioner notice and an opportunity to show cause why the caution should remain.
The process:
Submit an application to the Land Registrar with: Copy of the title deed confirming your registered ownership. Copy of the caution instrument. A statement explaining why the caution should be removed (grounds). Any supporting evidence (e.g., showing the cautioner's claimed interest does not exist or has been resolved).
The Registrar serves notice on the cautioner, who has 14 days to respond.
If the cautioner does not respond or fails to show good cause, the Registrar removes the caution.
If the cautioner responds with reasons the Registrar considers to have substance, the Registrar may decline to remove the caution and direct the parties to the court.
Timeline: approximately 4 to 8 weeks for a straightforward case.
Cost: Legal fees for the application (typically KSh 20,000 to KSh 50,000 depending on the advocate), plus registry fees.
Route 3: Court Application
If the Registrar declines to remove the caution or the matter is genuinely disputed, the registered owner can apply to the Environment and Land Court for an order removing the caution.
The court application involves:
Filing a chamber summons supported by an affidavit. Serving the cautioner. A hearing at which both parties present their arguments. A court order either maintaining or removing the caution.
Court proceedings take longer (3 to 12 months for a contested matter) and cost more (advocate fees of KSh 80,000 to KSh 250,000 depending on complexity).
Court proceedings are appropriate when the cautioner has a genuinely arguable claim and the dispute needs judicial resolution. Where the caution was filed maliciously or with no genuine basis, the Registrar route is usually faster and sufficient.
Removing a Caution You Filed Yourself
If you filed a protective caution on your own land earlier (a legitimate protective step for absentee owners and heirs) and you now want to remove it, the process is straightforward:
You file a Form RL 6 withdrawal at the registry yourself. Identity documents. Small fee.
Processing: 3 to 5 working days.
A Litmus monitoring subscription watches your title and notifies you the moment any new caution is registered. This means you know immediately and can act before the caution becomes a transaction-blocking problem.
KSh 5,200 per parcel per month.
This article is for general information only. It does not constitute legal advice. Consult a qualified Kenya advocate for caution removal proceedings.
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