Forced Transfer

Forced Transfer process of a motor vehicle refers to a situation where for one reason or the other, one after legally acquiring a vehicle, initiates the ownership transfer of a vehicle when he/she is not able to get the car owner to initiate it.

That being said, it is therefore prudent we shed light on circumstances under which a forced transfer process can take place and the documentation needed in each:

Court Order Action

1. Gazette Notice and/or Newspaper Advertisement; This is crucial in that it will notify the public/society of the particular forced transfer and provide room for objection, if at all.
2. Sworn affidavit by the Applicant to authenticate the Applicant’s assertions.
3. Transfer form (Form C) to facilitate the transfer process when the original owner is unwilling or unable to initiate the transfer himself/herself. Also, it provides the details about the vehicle such as make, model, year, and vehicle identification number (VIN).
4. Court Order declaring that the person is missing or a sworn affidavit before a magistrate or judge that the person is missing;
5. Original logbook or Police abstract and Form XI-where logbook is missing or lost to prevent fraud and help verifying the legal standing of the vehicle by confirming that that it is not stolen or involved in any legal dispute/criminal activity.
6. Tape lift report from the Directorate of Criminal Investigation (DCI) to verify the verification numbers of the vehicle such as Vehicle Identification Number(VIN);
7. Copy of ID & KRA PIN of the new owner; The Copy of the Identity Card verifies that the new owner’s identity and ensuring him/her that transfer being made is intended to him/her while the Kenya Revenue Authority PIN facilitates tax compliance and prevents fraud.
8. Copy of the ID & KRA PIN of the old owner for verification,prevention of fraud and documentation.
9. Court order declaring the person before a magistrate or judge that the person is missing.
10. New owner must have a Transport Integrated Management System (TIMS) account; TIMS a self-service portal managed by an individual owner or company and it’s purposively needed in order to centralize and simplify the process to acces to transport service through verification of documents, online application and management of documents electronically.
11. Certificate of sale of Auctioneer which provides evidence of the legal transfer of ownership;
12. Auctioneer registration certificate for legal authorization.
13. Auctioneer’s KRA PIN for tax compliance and documentating the transaction for tax purposes.
14. Official letter for request of transfer.

Death of Previous Owner or Succession Case

1. Forced Transfer Request Letter which outlines the details behind the forced transfer;
2. Original Logbook or Police abstract and Form XI-where logbook is missing to prevent double-dealing;
3. Properly filled Form C to declare the transfer of ownership from original owner of the vehicle to current owner;
4. Tape Lift report for verifying the verification numbers of a vehicle;
5. Sworn affidavit proving the assertions of the Applicant;
6. Copy of ID and KRA PIN of the new owner to verify the identity of the new owner and documentation;
7. Copy of ID and KRA PIN of the old owner to prevent fraud;
8. Copy of the Death Certificate to serve as a legal proof of death, initiate succession procedures, prevent fraud, protect the rights of heirs, and ensure compliance with legal and administrative requirements;
9. Copy of the court order appointing the administrators or executors if the deceased died intestate or testate respectively to facilitate the transfer process;
10. Copy of the Certificate of grant to ensure legal authorization, compliance with succession laws, protection to all parties involved, and transparency and trust in the transaction.
11. Copy of the schedule of properties inclusive of the vehicle being transferred stating the person inheriting the vehicle to prevent fraud;
12. New owner must have a TIMS account to enhance faster and easy access to transport services in Kenya.

Auction By Financial Institution

1. Forced transfer request letter outlining the reason for the forced transfer and showing that the process adhered to was legal;
2. Police abstract or Original Logbook and Form XI to prevent skulduggery and help proving the legal standing of the vehicle.
3. Properly filled Form C stamped by the Bank or Acution to ensure the legality, transparency, and efficiency of a forced transfer conducted by a financial institution.
4. Tape Lift for verifying the verification numbers of the vehicle.
5. Sworn Affidavit to prove and authenticate the Applicant’s statements;
6. Sworn Affidavit by the institution auctioning for authenticity;
7. Copy of ID and KRA PIN of the new onwer to verify the identity of new owner,documentaion and facilitate tax compliance;
8. Copy of ID and KRA PIN of the old owner to prevent double-dealing;
9. Copy of Certificate of Registration of the Company to authorize the particular company matters auctions;
10. Copy of KRA PIN of the Company to ensure that the company complies with regulations set by Kenya Revenue Authority (KRA);
11. Certificate of Sale of the Auctioneer to prove legal transfer of wonership;
12. Copy of the Auctioneer’s License and Registration Certificate to give the Auctineer authority to facilitate the auction and oritect the parties involved.
13. Copy of the Newspaper Advertisment to make known the forced transfer to the public and invite any objection,if there is;
14. Letter of discharge from the Bank to ensure legal compliance, protection of buyers and maintain transparency and trust in the transaction.Also, it confirms that the vehicle is free from any financial encumbrances, facilitating a clear transfer of ownership;
15. Release letter from the Bank to the person who won the bid in the auction to prevent skulduggery;
16. New owner must have a TIMS Account to facilitate easy access to transport services in Kenya;

Police Auction

1. Forced Transfer Request Letter outlining the reasons for the forced transfer and authorization-that is to say that the transfer was legally conducted.
2. Gazette Notice and/or newspaper advertisement to create awareness of the forced transfer and welcome any objection,if there is.
3. Sworn affidavit by the Applicant proving the Applicant’s averments relating to the forced transfer;
4. Tape Lift from the Directorate of Criminal Investigation to verify the verification numbers of the vehicle.
5. Properly filled and stamped Form C by the auctioneer to facilitate the transfer process;
6. A copy of the list of the vehicles disposed from the police for transparency, accountability and proof that the vehicles were lawfully transferred through an official police auction.
7. Court order authorizing the auction.
8. Auctioneer’s Registration Certificate to prove that the auctioneer is legally authirized to conduct the auction;
9. Auctioneer’s KRA PIN for prevention of fraud and tax compliance;
10. New owner must have a TIMS Account to facilitate easy access to transport services in Kenya;
11. Copy of ID and KRA PIN of the new owner to verify identity of the new onwer and ensure tax compliance and prevention of fraud;
12. Copy of records showing the details of the previous owner to prevent fraud;
13. Police abstract and Form XI-where logbook is missing or lost to prevent fraud.

When the Previous Vehicle Owner is Missing or Absent

1. Sworn affidavit by the Applicant to endorse the Applicant’s assertion as true;
2. Tape lift from DCI to verify the verification numbers of the motor vehicle;
3. Properly filled Form C to support the legality and legitimacy of the forced transfer;
4. Official letter for request of transfer outlining the reasons behind the forced transfer;
5. Original logbook or police abstract and Form XI where Logbook is missing or lost to ensure legal compliance, transparency, and protection for all parties involved;
6. Copy of ID and KRA PIN of the new owner to verify the identity of the new owner and documentation purposes;
7. Copy of ID and KRA PIN of the old owner for certainty and prevent fraud;
8. Court order declaring the person is missing or sworn Affidavit before a magistrate or judge that the person is missing;
9. New owner is must have TIMS Account to facilitate easy and fast acces to the transport services in Kenya.