If you are reading this because someone is about to sell land you have a claim to, the usual tool is a caution. A caution is an entry on the land register. Once it is registered, the Land Registration Act says a disposition inconsistent with it, such as a transfer to a buyer, cannot be registered without your consent or a court order.
You lodge it at the land registry on Form LRA 67, supported by evidence of your claim and usually a statutory declaration. It does not decide who owns the land. It freezes dealings while the claim is sorted out, which is often the time you need.
Who can lodge a caution
Section 71 of the Land Registration Act sets out who may lodge one. It covers a person who:
- claims a right, contractual or otherwise, to obtain an interest in the land that could be created by a registrable instrument
- is entitled to a licence over the land
- has applied for a bankruptcy order against the registered owner
The first group covers most of the situations Kenyans abroad run into. Two are common.
You paid, but the title has not moved. A buyer who has signed a sale agreement and paid has a contractual claim to obtain an interest in the land. If the seller goes quiet, or you hear the plot is being shown to other buyers, a caution stops a second sale from being registered over your head.
A relative is selling family land. Someone with a claim to a share of the land, for example under an agreed family arrangement or a customary trust, may be able to caution the title while the claim is resolved. Whether your particular claim qualifies is a question for an advocate, because the Registrar can reject a caution that is unnecessary.
If the registered owner has died, the position is different. Under section 61 of the Act, nobody can be registered in place of a deceased owner without a court grant, so a "sale" by a relative who holds no grant cannot be registered properly anyway. The fight in that situation usually belongs in the succession case. A caution can still add a layer of protection while that runs.
What you need to lodge it
The Land Registration (General) Regulations 2017 set the forms. A caution is lodged on Form LRA 67. The form asks for:
- the title number
- your details as cautioner, with an address in Kenya for service of notices
- the registered owner's details
- the interest you claim
- whether the caution is absolute or limited to your interest
- the supporting documents you attach
KELIN's land rights guide, published in September 2024, lists what to bring to the registry: a passport photo, copies of your ID and KRA PIN certificate, the completed Form LRA 67, and a sworn statutory declaration stamped by an advocate or magistrate. The Act allows the Registrar to require that declaration. The fee is assessed by the Registrar, and you pay it at the registry against a receipt.
Attach evidence that matches your claim. For a buyer, that means the sale agreement and proof of payment. For a family claim, it means whatever shows the arrangement or the trust: letters, minutes of a family meeting, evidence of occupation or farming, receipts for development.
KRA lists cautions among the instruments that are not assessed for stamp duty.
What happens next
After registration, the Registrar must give the registered owner written notice of the caution, on Form LRA 68. From then on:
- any transfer, charge or other dealing that conflicts with the caution is blocked
- the owner can register it only with your consent or a court order
- the caution stays until you withdraw it, or until the Registrar or a court removes it
A caution does not resolve the underlying dispute. If you are a buyer, the seller still has to complete the transfer, or you go to court for an order that they do. If you are a family member, the claim still has to be proved, agreed or decided.
The risk of a wrongful caution
This side gets less attention than it should. Section 75 says anyone who lodges or keeps a caution wrongfully and without reasonable cause can be sued for damages by a person who suffers loss because of it. A caution lodged to pressure a relative, or to stall a legitimate sale, can cost you money.
The Registrar can also refuse a second caution by the same person over the same matter. So a caution that gets removed is hard to replace.
Lodge one only when you have a genuine claim and the documents to back it.
How a caution is removed
There are three routes in section 73:
- Withdrawal. You withdraw it yourself on Form LRA 69, for example once the transfer to you is registered or the family agrees terms.
- Removal by the Registrar. The owner, or any interested person, applies on Form LRA 70. The Registrar then sends you a notice on Form LRA 71 saying the caution will be removed 30 days from the date the notice is posted unless you object in time. If you object in writing, the Registrar hears both sides and decides, and can order costs.
- Removal by court order.
That 30-day notice is where cautioners abroad get caught. The notice goes to the address for service you gave on the form. If that address is a relative's post box nobody checks, or a relative who is on the other side of the dispute, the 30 days can pass without you knowing and the caution comes off.
Questions people ask
How much does it cost to put a caution on land in Kenya? The registry fee is assessed by the Registrar. Add your advocate's fee for the statutory declaration and any legal advice. There is no stamp duty on a caution.
Can a caution stop a sale on its own? It stops the sale from being registered. It does not stop someone signing a sale agreement or taking money from a buyer, which is why buyers should search the title before paying.
Who can remove a caution? You can withdraw it. The Registrar can remove it after the 30-day notice process, and a court can order its removal.
Is a caution the same as a restriction? No. A restriction is made by the Registrar under section 76, for example to prevent fraud or improper dealing. You can ask the Registrar to consider one, but the decision is theirs.
From abroad
- Use an advocate in Kenya to prepare the statutory declaration and lodge the caution, and give their office as your address for service, or an address you control.
- Keep copies of the registered caution and the Registrar's notice to the owner.
- Search the title a few weeks later to confirm the caution is on the register.
- Diary the claim. A caution buys time. Agree with your advocate what the next step is, whether that is a demand letter, a family meeting, a succession objection or a court case, and when it happens.
Where Karibu fits
Karibu checks title records, including what is registered against a title, such as a caution, a charge or a court order. If you are not sure whether your claim is the kind a caution protects, ask bRRAIn, our property research assistant, then take the documents to an advocate.
Write down the address for service you will use before you fill in Form LRA 67.
Sources: Land Registration Act 2012, sections 61 and 71 to 76. Land Registration (General) Regulations 2017, regulation 80 and Forms LRA 67 to 72. KELIN, Know Your Land Rights, Protect Your Land (September 2024). KRA stamp duty FAQs. This article is general information, not legal advice. Speak to an advocate about your situation.