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Post Reply: Forced (Alternative) Vehicle Transfer in Kenya

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 2, 2025, 8:55 am</div><div id="pl-6750" class="panel-layout" ><div id="pg-6750-0" class="panel-grid panel-no-style" ><div id="pgc-6750-0-0" class="panel-grid-cell" data-weight="1" ><div id="panel-6750-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	In Kenya, a forced or alternative vehicle transfer is a legal process facilitated by the National Transport and Safety Authority (NTSA) to transfer vehicle ownership without the direct consent or participation of the registered owner. This process is critical in scenarios such as court-ordered auctions, bank repossessions, succession cases, or when the registered owner cannot be traced. This brief focuses on the forced transfer process specifically involving a court order, outlining the legal framework, requirements, and procedure as per NTSA guidelines and relevant Kenyan law.
<h3 dir="ltr">Legal Framework</h3>
The forced transfer of a vehicle is governed by the Traffic Act (Cap 403), particularly Section 9, which mandates that ownership of a vehicle must be transferred within 14 days of acquisition to avoid legal penalties. The NTSA oversees this process through its Transport Integrated Management System (TIMS) on the eCitizen platform, which allows for streamlined applications for forced transfers. A court order is a recognized basis for forced transfer when ownership disputes or legal mandates necessitate the change, such as in auction cases or dispute resolutions.
<h3 dir="ltr">Requirements for Forced Transfer by Court Order</h3>
To apply for a forced vehicle transfer pursuant to a court order, the applicant must provide the following documents, as stipulated by NTSA:
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Court Order: A certified copy of the court order mandating the transfer of the vehicle, clearly stating the legal basis for the transfer (e.g., resolution of a dispute or auction mandate).
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Certificate of Sale: Issued by the auctioneer, confirming the legal acquisition of the vehicle through a court-ordered auction.
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Auctioneer’s License and Registration Certificate: A copy of the auctioneer’s valid license and registration to validate the auction process.
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Original Logbook: The vehicle’s logbook or, if unavailable, a police abstract and Form XI to account for its absence.
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Form C: A duly completed NTSA Form C for vehicle transfer, available on the eCitizen platform.
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Tape Lift Report: A report confirming the vehicle’s chassis and engine numbers to verify its identity.
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Identification Documents: Copies of the national ID and KRA PIN certificates for both the new owner and the registered owner (if available).
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Affidavit (if applicable): In cases where the registered owner is untraceable, an affidavit sworn before a Magistrate, Commissioner for Oaths, Notary Public, or Consular Officer, detailing attempts to locate the owner.
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Supporting Documents: Additional documents proving acquisition, such as a vesting order or warrant of sale, if applicable.
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Newspaper Advertisement: Proof of public advertisement of the auction, as required for transparency in court-ordered sales.
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All documents must be scanned in color, combined into a single PDF file, and uploaded to the NTSA TIMS portal. The applicant must also have an active TIMS account on the eCitizen platform.
<h3 dir="ltr">Procedure for Application</h3>
The application for a forced vehicle transfer by court order is processed online via the eCitizen platform. The steps are as follows:
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Log into eCitizen: Access the NTSA Service Portal through an eCitizen account using your ID number and password.
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Select Forced Transfer: Navigate to “Services” and select “Alternative/Forced Transfer” from the menu.
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Choose Transfer Type: Select “Court Order” from the dropdown menu and input the vehicle’s registration number to retrieve its details.
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Upload Documents: Attach the single PDF file containing all required documents (court order, certificate of sale, logbook, etc.). Ensure scans are clear to avoid rejection.
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Specify Collection Details: Indicate the NTSA collection center (e.g., Nairobi, Mombasa, or Huduma Centre) and provide the ID number of the authorized person collecting the logbook.
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Pay Fees: Pay the transfer fee via M-Pesa or card, which varies based on the vehicle’s engine capacity (e.g., Ksh 3,050 for private vehicles, Ksh 15,050 for commercial vehicles).
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Standstill Period: Wait for a mandatory 7-day verification period during which NTSA checks for disputes or discrepancies.
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Book Inspection: After the standstill period, log into the TIMS account, check “Notifications,” and book an inspection slot at a preferred NTSA center.
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Vehicle Inspection: Present the vehicle and original documents for physical verification at the selected NTSA center.
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Logbook Issuance: Upon successful verification, NTSA issues a new logbook in the name of the new owner, which can be collected at the designated center.
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<h3 dir="ltr">Key Considerations</h3>
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Legal Compliance: The Traffic Act (Cap 403) holds the registered owner liable for any vehicle-related incidents until the transfer is complete. A court order ensures legal protection for the new owner by validating the transfer.
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Verification and Transparency: The tape lift report and affidavit requirements help NTSA prevent fraudulent transfers. The 7-day standstill period allows for dispute resolution or claims by third parties.
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Court Order Specificity: The court order must explicitly authorize the transfer and reference the vehicle’s registration number to avoid delays or rejection.
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Costs: Transfer fees depend on the vehicle’s engine capacity, ranging from Ksh 1,660 for vehicles up to 1,000cc to higher fees for larger engines. Additional inspection fees may apply.
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<h3 dir="ltr">Conclusion</h3>
The forced vehicle transfer process by court order in Kenya is a structured and legally robust mechanism to ensure ownership changes are lawful and transparent. By adhering to NTSA’s requirements and following the eCitizen application process, applicants can efficiently transfer ownership while mitigating risks of fraud or legal disputes. The court order serves as a critical legal instrument to validate the transfer, particularly in contentious cases or auctions. Applicants are advised to ensure all documents are accurate and complete to avoid delays and to comply with the 14-day transfer mandate under the Traffic Act.
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