Section 99 of the Land Registration Act: What Kenya Land Fraud Victims Can Claim

When fraudulent land registration causes loss to an innocent person, Kenya's Land Registration Act provides a specific statutory remedy. Section 99 creates a right to compensation for victims of fraudulent registration, payable from the government's Land Registration Fund.

This is one of the less well-known protections available to victims of Kenya land fraud. Here is how it works.

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What Section 99 Says

Section 99 of the Land Registration Act 2012 provides that a person who suffers loss as a result of fraudulent registration of land may be entitled to compensation from the Land Registration Fund.

The key elements:

Loss as a result of fraudulent registration. The loss must arise specifically from a fraudulent act in the registration process — not just any land fraud, but specifically one that involved fraudulent manipulation of the land registry.

Innocent party. The claimant must not have been a party to the fraud. A victim who was deceived but did not participate in the fraudulent registration can claim.

Compensation from the Land Registration Fund. The Fund is maintained from registration fees. Compensation is paid out of this fund rather than from the fraudster personally.

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What It Compensates

Section 99 compensation covers the financial loss suffered as a result of the fraudulent registration — typically:

The purchase price paid for land that turned out to be the subject of a fraudulent transfer. The value of improvements made to the land before the fraud was discovered. Costs incurred in attempting to assert rights to the land.

The compensation is not automatic. A claim must be made and assessed.

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The Process for Making a Claim

Step 1: Establish that the loss arose from fraudulent registration. This requires evidence that the registration was fraudulent (court judgment, criminal conviction, or sufficient evidence of the fraud in the registration process).

Step 2: Submit a claim to the Land Registrar. The claim must identify:

• The nature of the fraud.
• The loss suffered.
• The evidence supporting the claim.

Step 3: Assessment by the Land Registrar. The Registrar assesses the claim and determines whether compensation is payable and the amount.

Step 4: Payment from the Land Registration Fund. If the claim is approved, compensation is paid from the Fund.

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Limitations of Section 99

Not all land fraud is covered. Only fraud that specifically involves the fraudulent registration process is covered. Fraud in the agreement to sell (where the registration itself was not fraudulent) may not qualify.

Compensation may not be full replacement value. The Registrar has discretion in assessing the amount. Compensation may not cover all losses.

The process is slow. Claims are assessed through an administrative process that can take significant time.

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How Section 99 Fits With Other Remedies

Section 99 is one of several remedies for land fraud victims. It should be pursued in combination with:

Criminal complaint to the DCI for prosecution. Civil claim against the fraudster and any complicit parties for damages. LSK Compensation Fund claim if an advocate was involved.

Section 99 specifically provides for government-funded compensation where the fraud touched the registration system — this is distinct from the personal liability of fraudsters or their advocates.

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This article is for general information only. It does not constitute legal advice. For advice on pursuing compensation for land fraud, consult a qualified Kenya advocate.