How to Claim Compensation Under Section 99 of Kenya's Land Registration Act

When you lose money or property because of fraudulent registration at the Land Registry, Section 99 of the Land Registration Act 2012 provides a mechanism for compensation from the Land Registration Fund.

This is a specific statutory remedy — distinct from civil claims against the fraudster or LSK Compensation Fund claims against advocates — that applies where the fraud specifically touched the registration process.

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What Section 99 Covers

Section 99 applies where a person suffers loss as a result of:

Fraudulent registration. A registration that was made fraudulently — a forged transfer, an impersonation-based registration, a registry entry created through corrupt official action.

Errors in the register. Administrative errors by registry staff that caused loss.

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What It Does Not Cover

Section 99 does not cover losses from:

Fraud in the agreement to sell that did not involve registry manipulation. Title problems that pre-existed but were not caused by fraudulent registration. Market value losses on a legitimate investment.

The fraud must specifically have occurred in the registration process itself.

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The Claim Process

Step 1: Establish the fraudulent registration.

You need evidence that the registration was fraudulent. This may come from:

A court judgment declaring the registration void for fraud. A DCI investigation confirming fraud. Documentary evidence of the fraudulent registration mechanism.

Step 2: Quantify the loss.

Calculate the financial loss caused specifically by the fraudulent registration:

Purchase price paid for a property whose title was subsequently cancelled. Value of improvements made to property before the fraud was discovered. Costs incurred in attempting to enforce rights to the property.

Step 3: File the claim with the Land Registrar.

Submit a formal claim to the Land Registrar for the county where the fraud occurred. The claim must include:

A description of the fraudulent registration. Evidence that the registration was fraudulent. Quantification of the loss. Supporting documentation.

Step 4: Assessment by the Registrar.

The Land Registrar (or the Chief Land Registrar) assesses the claim. They may:

Accept the claim and pay compensation. Partially accept it. Refer it to arbitration. Reject it if the evidence is insufficient.

Step 5: Appeal.

If unsatisfied with the Registrar's determination, you can apply to the Environment and Land Court for review.

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Realistic Expectations

The Land Registration Fund is not a deep-pockets unlimited compensation mechanism. There are limitations on the amounts payable and the processing capacity.

Section 99 compensation is one of several potential recovery routes — not necessarily the largest or most reliable.

For maximum recovery, pursue Section 99 alongside (not instead of):

Civil claims against the fraudster. Criminal proceedings through the DCI. Professional negligence claims against any complicit advocates.

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