Can I lose ownership if my car is registered in someone else’s name?
The first process is the direct transactional relationship between the car seller and purchaser that is solely in the control of the parties involved.
Hi, I bought a car and had it registered in someone else’s name. Can I change the logbook registration to my name and how do I do that? I am concerned about losing the vehicle’s ownership rights.
Dear potential car owner,
Every individual who intends to purchase a motor vehicle has two main processes to ensure ownership is attained. The first process is the direct transactional relationship between the car seller and purchaser that is solely in the control of the parties involved. This transaction is often documented in a car sale agreement which evidences the fact that a car did exchange hands from the previous owner to the current one.
Such process is also witnessed by witnesses on either side of the transaction to remove any form of doubt, should in future someone make a contrary claim. The sale agreement if executed within the parameters of the law of contract, under which an agreed upon consideration is paid in exchange of the car allows the purchaser to have physical ownership. This is the actual possession of the motor vehicle.
The second process is the legal registration of the car that provides the details of the real owner into government records. The responsibility to register cars is a mandate of the National Transport and Safety Authority otherwise referred to as NTSA.
License motor vehicles
The NTSA, by the provisions of the NTSA Act, at Part II, Section 4 (2-a), undertakes the process of registering and licensing motor vehicles. It states, “in the performance of its functions under subsection (1), the Authority shall- (a) register and license motor vehicles.” This process should, if followed through, lead to the legal ownership of the said motor vehicle within the car sale agreement.
However, for this to happen, the parties involved in the transaction are required to carry out necessary actions through the E-Citizen under what is known as the TIMS Accounts. TIMS, which stands for Transport Integrated Management System is an online (digital) platform created to enable motor vehicle users and owners to access NTSA services conveniently.
You have indicated that you registered the car in someone else’s name. The reasons for such an action are only known to you, nonetheless, this person officially became the legal owner of the said vehicle, if at all you followed the instructions within the TIMS, as herein explained.
Whichever the case, both you and the person in whose name the car is registered must have TIMS accounts to enable the consequent vehicle transfer process. It is through the E-Citizen platform that you and the person in whose name the car is registered are able to access the services offered by NTSA. The transfer process must be initiated by this person (being the current owner in accordance with NTSA records), whether the car was sold or exchanged physical ownership through a third party or directly.
To access the transfer of ownership, one must click the vehicle registration engine or button, which then runs to display a “create new button on the dash board. It is expected that the person who is currently registered as the owner will key in the vehicle’s registration number (many of us refers to this as number plate). Once that has been done, the person will then press on the inquire button. Once the button finishes its command, it will display the basic information regarding the vehicle being transferred, which includes details of the current owner, soon to be referred to as previous owner.
After this, one is supposed to activate the view particulars icon, which allows them to upload scanned copy of the vehicle’s logbook. As part of the details to key into the system includes the National Identification Card or the equivalent such as Alien Card and Passport alongside the Kenya Revenue Authority’s (KRA) Personal Identification Number (PIN), and click on the Add button.
Once the current owner or seller submits his/her request, the buyer (new owner) receives a Short Message Service (SMS) notification to accept the vehicle transferred. At this point the new owner or purchaser logs into their TIMS account to either accept or decline the transfer. After logging in, the purchaser (new owner to-be), have to click the Accept Ownership icon and enter the registration number then click on inquire followed by the view button to see the vehicle’s particulars.
The new owner to-be then moves over to the verification menu to select the verification mode as mobile, then clicks the send button. This occasions a verification code to be sent to their own phone. Immediately thereafter, the new owner to-be, enters the verification code into the field provided on the TIMS platform, to activate the option button of either accept or decline the transfer.
Should you chose accept, you will be required to fill out all other details required regarding the car and click submit button to NTSA for processing of the new Logbook, upon payment of the requisite fee depending in the engine capacity (CC) of the Car. The bigger the CC, the costlier it gets. Once the new logbook is ready, NTSA communicates with you either through SMS or email for collection. The new logbook is given upon you surrendering the old one.
Eric Mukoya has over 17 years’ experience working in the social justice sector. He’s the executive director of Undugu Society of Kenya. Legal query? Email [email protected]
