In a bid to mitigate fraud, the lands ministry has issued new guidelines for acquiring special certificates of titles.

Under section 70 of the Registration of Titles Act, a special certificate is only issued after the duplicate certificate of title is lost or destroyed.

According to an internal memo dated March 27, 2024, signed by the Acting Commissioner Land Registration Baker Mugaino seen by New Vision, it is now mandatory for anybody applying for a special certificate of title to adduce a police report confirming the loss of title in addition to the physical appearance of the registered owner for identification.

The owner is also required to adduce the national identity card or passport and a local council letter introducing him or her. 

Mugaino states that this is intended to enable any potential criminal liability as a result of misrepresentation by the registered owner.

The internal memo indicates that the new guidelines have been informed by the fact that some owners after mortgaging the original certificate of title to commercial banks have been in the habit of applying for special certificates of title claiming that the original titles were stolen for purposes of defeating bank interests.

Lack of strict rules for acquisition of special certificates of titles has also been used by the owners to sell land to more than one person.

Also, fraudsters have been impersonating the registered owners to process special certificates of titles and sell the land to third parties fuelling land conflicts.

Lawyers have welcomed this move arguing that it will bring an end to the vice.