In Kenya, the forced transfer procedure primarily involves enforced motor vehicle acquisition by a person. the circumstance where forced transfer is allowed in Kenya is as follows;
- The owner of the motor vehicle cannot be traced
- An order has been issued by the court
- Through a certificate of grant
- Through an auction
Requirements
For an individual to effect a forced transfer, the following documents are necessary:
- Official letter for request of transfer
- Original Logbook or police abstract
- Duly filled transfer Form C
- A Copy of owner’s ID and the new owner
- Search – via the NTSA online portal
- Sworn Affidavit by the applicant before a commissioner of oaths
- Tap lift Report from DCI
- KRA PIN of the registered owner and the new owner
- Motor vehicle sale agreement
Procedure-forced transfer process
The National Transport and Safety Authority (NTSA) manages a forced transfer process. This is normally done through their online portal or by physically attending to their offices for assistance.
Online NTSA services can be accessed via https://serviceportal.ntsa.go.ke/
- First, you have to access the NSTA service portal.
- Once accessed, log into your TIMS (Transport Integrated Management System) account using your E-Citizen login credentials. If you don’t have an account, you will need to register or open one.
- Click on the registration menu to access the motor vehicle registration section or your TIMS account.
- In your TIMS account, navigate to the registration menu. Look for the section labeled alternative transfer. This is where the whole forced transfer process begins, including submitting your credentials for verification purposes.
- After you’re done with step four, you will make payments depending on the size of your car.
- The last step is to wait for approval and SMS notification from NTSA if you have fulfilled all conditions to effect a forced or alternative transfer.
What happens if you’ve lost your logbook?
If you have misplaced your logbook, you don’t have to worry. It is essential you report the loss to the nearest police station where you will be issued with a police abstract for the loss.
A tape lift report is then prepared by the DCI which includes assessing whether the vehicle’s chassis number is genuine. Additionally, a tape lift process will help in case you have changed the particulars of a logbook, such as the color or engine of the motor vehicle.
One must present the motor vehicle for verification process or a tape lift analysis before the DCI.
Duration and Cost
Alternative transfer or forced transfer procedures usually take ten working days; however, the duration can vary depending on the approval and or verification process done by the officers in charge.
When conducting a forced transfer, the charges are assessed depending on the particulars of the car CC rating and inspection fees. Usually, motor vehicles with larger engines attract more charges during a forced transfer.
Conclusion
The forced transfer process may seem daunting, but the legal steps ensure it is fair and transparent. Additionally, online systems such as the E-Citizen portal have simplified and hastened the entire motor vehicle forced transfer process.
This information is for general purposes only. if you’re seeking further guidance on the subject matter, feel free to contact Chepchieng & Company Advocates where we offer guidance throughout the entire process.
Do not hesitate to contact us either directly or via WhatsApp at +254718724409 or email info@chepchiengassociates.co.ke; chepchiengassociates@gmail.com
