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Learn about the NTSA alternative/forced motor vehicle transfer process in Kenya, required for legal disputes, auctions or untraceable owners.

How to Apply for an Alternative/Forced Motor Vehicle Transfer

Posted on by Tutorials Handbook

In Kenya, motor vehicle transfers are typically straightforward, but certain circumstances necessitate an alternative or forced transfer process. The National Transport and Safety Authority (NTSA) has outlined a clear and systematic way to handle such cases.

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This guide will explain the step-by-step procedure for applying for an alternative or forced vehicle transfer in Kenya, as provided by the NTSA.

What is Alternative/Forced Motor Vehicle Transfer?

An Alternative/Forced Motor Vehicle Transfer refers to a special process used to transfer ownership of a vehicle when the standard transfer procedures cannot be applied. This type of transfer is typically used in cases where the vehicle’s current owner is unavailable, unreachable, or legally compelled to relinquish ownership due to specific circumstances. These situations include court-ordered transfers, bank repossession auctions, police or government auctions, and transfers related to succession cases where the owner has passed away. The term “forced” highlights that the transfer is initiated due to external legal or financial reasons, not by the voluntary consent of the current owner.

This transfer process is vital in scenarios where ownership must change hands, but complications, such as disputes or repossessions, prevent the owner from personally completing the transfer. For instance, if a vehicle is repossessed by a bank due to non-payment of a loan, or it is sold in a court auction following a legal ruling, the alternative/forced transfer procedure ensures that the new owner can legally take possession of the vehicle. It bypasses the need for the previous owner’s involvement, focusing instead on complying with legal requirements and documentation to validate the transfer.

The alternative/forced transfer process typically involves legal documentation, such as court orders, auction notices, or succession documents, which justify the transfer. It often includes additional steps, such as inspections and waiting periods, to ensure that the transfer is legitimate and aligned with legal mandates. This process provides a legal framework for transferring vehicles in complex cases, ensuring that the rightful new owner can assume control, regardless of the challenges posed by the previous ownership status.

When is an Alternative/Forced Motor Vehicle Transfer Necessary?

According to the NTSA, alternative or forced vehicle transfers are applicable under the following circumstances:

  • Court Order Auctions: When a vehicle is sold through a court auction following a legal proceeding.
  • Bank Repossession Auctions: If a vehicle is repossessed by a bank due to non-payment of a loan and is sold via auction.
  • Succession Cases: In situations where the vehicle owner is deceased, and the vehicle must be transferred to an heir or beneficiary.
  • Transfer by Court Order (Dispute Cases): When a court issues an order to transfer the vehicle due to legal disputes.
  • Untraceable Owners: If the current owner of the vehicle cannot be located.
  • Police/Uncollected Property Auctions: Vehicles sold by the police or other authorities after being abandoned or unclaimed.
  • Distress for Rent Auctions: When a vehicle is sold to recover unpaid rent.
  • Diplomat to Embassy Transfer: If a diplomat is transferring a vehicle to an embassy.

These situations often involve complex legal or financial issues, which makes the transfer process more involved. Fortunately, the NTSA has developed a clear procedure to streamline the process.

Step-by-Step Procedure for Alternative/Forced Motor Vehicle Transfer

Here is the full process for applying for an alternative or forced transfer in Kenya:

Step 1: Log into Your eCitizen Account

  • The first step is to access your eCitizen account. This online portal is where you will complete the application process for NTSA services, including vehicle transfers.

Step 2: Select the NTSA Service Portal (New)

  • Once logged in, navigate to the NTSA section. Select the NTSA Service Portal (New), which hosts the relevant services for vehicle transfer.

Step 3: Go to Services and Select Alternative/Forced Transfer

  • From the list of available services, select Alternative/Forced Transfer. This option is specifically for cases where the standard transfer method cannot be used due to legal or exceptional circumstances.

Step 4: Fill in the Required Information and Select the Type of Transfer

  • Enter all the necessary details about the vehicle and the transfer type. This includes information on the current and new owner, and the legal reason for the forced or alternative transfer. Ensure all information is accurate, as this will be cross-referenced with the submitted documents.

Step 5: Attach Original Scanned Documents in PDF Format

  • Prepare and scan all the required documents. The NTSA requires clear, colored scans of original documents. These documents must be combined into a single PDF file for upload. The documents often include proof of ownership, court orders, and identification papers.

Step 6: Indicate the Collection Centre and Authorized Person for Logbook Pickup

  • Choose the collection center where the new logbook will be picked up and provide the ID number of the person authorized to collect the logbook on your behalf, if applicable.

Step 7: Make Payment for the Transfer and Inspection Services

  • After submitting your application, you will need to pay the applicable fees for the vehicle transfer and any required inspection services. The fees depend on the vehicle’s CC rating and the inspection fee.

Step 8: Wait for the 7-Day Standstill Period for Process Verification

  • The NTSA requires a 7-day standstill period to verify all details and documents. During this time, they will review the information provided and ensure that the transfer is legitimate and complies with legal requirements.

Step 9: Log into Your Account to View Inspection Booking Notifications

  • After the standstill period, log back into your eCitizen account to check for inspection booking notifications. You will need to select your preferred inspection center and a suitable date for the vehicle inspection.

Step 10: Present the Vehicle for Inspection

  • On the scheduled date, present the vehicle for inspection. The vehicle will undergo a thorough check to verify its condition and details, as required by law for a transfer of ownership.

Step 11: Present Original Documents at the Logbook Collection Centre

  • Once the inspection is complete, submit the original documents at the designated logbook collection center for final processing.

Step 12: Receive Notification of Approval and Logbook Collection

  • Upon approval, a notification will be sent to the new vehicle owner. You can then proceed to collect the new logbook from the designated center.

Charges, Timelines, and Other Considerations

The charges for an alternative or forced transfer depend on the vehicle’s CC rating and the applicable inspection fee. Therefore, ensure you are aware of the costs associated with your particular vehicle before initiating the process.

Timeline:

  • Logbook Issuance: Once the application is approved and the process is finalized, the logbook will be ready within 3 working days.
  • Inspection: Vehicle inspections are scheduled based on availability, and the timing depends on the center you choose.

Conclusion

The NTSA’s alternative or forced transfer process is designed to handle situations where standard vehicle transfers cannot be used due to legal or financial circumstances. While the process may seem lengthy, following the outlined steps ensures a smooth and compliant transfer. The key is to ensure that all required documents are provided, and the process is followed as per NTSA guidelines.

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For those involved in auctions, legal disputes, succession cases, or other special circumstances, this guide should help simplify what might otherwise seem like a complicated process. By using the eCitizen platform and NTSA’s streamlined procedures, vehicle ownership transfers in these situations can be completed efficiently. If you’re facing any of the special circumstances listed above, make sure you follow each step carefully to ensure a successful transfer of ownership.

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