What is a Power of Attorney?

A Power of attorney is a legal instrument, where one person, grants power to another to act on his/her behalf in matters such as land transactions, execution of documents among others.

Who are the Parties in a Power of Attorney?

The Parties to a power of attorney are:

Donor: This is the person granting the Power of Attorney;

Donee: This is the person receiving the powers in the Power of Attorney.

What are the different types of Power of attorney in Kenya?

• General Power of attorney: This form of Power of attorney grants the Donee a broad mandate to act on behalf of the Donor.
• Special power of attorney: This grants the Donee, power to act on behalf of the Donor for specific purposes only;
• Irrevocable Power of Attorney: This Power of attorney cannot be terminated or revoked unless both parties, being the Donor and the Donee agree to the same.

Legal steps in creating a Power of Attorney in Kenya.

It is important to engage a qualified lawyer to undertake the below steps:

• Drafting of the power of attorney in accordance with the law. The document must be executed by both parties and witnessed;
• Payment of stamp duty and registration under the Registration of Documents Act, in the Register of Powers of Attorney.

How can a Power of Attorney be revoked?

A Power of Attorney is revoked in writing by the Donor. A Notice of revocation of the Power of Attorney must be prepared and registered at the Registry.

Some of the reasons a Donor can elect to revoke a Power of Attorney are:

• In specific powers of attorney, where the specific purpose for creation of the Power of Attorney has been done;
• If the Donee lacks capacity;
• If the Agent is not acting in accordance with the terms provided in the Power of Attorney.

Are foreign Powers of Attorney recognized in Kenya?

Yes, they are as long as they are done in accordance with the law of the Country in which it was drafted. To be recognized, the power of attorney would have to be notarized by a Notary Public from the embassy of the origin of the Power of Attorney, if it is in a foreign language, it would have to be interpreted and finally registered under the registry of Documents.

Please contact us if you require further advise on the above subjects or require us to draft and register a Power of attorney on your behalf.
Email: info@kendikadvocates.co.ke
Website: www.kendikadvocates.co.ke
Tel: +254768028504

Disclaimer:
This information provided in this Article is intended as a general overview of the subject dealt with. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. Kendi & Company Advocates is not responsible for any actions taken or not taken on the basis of this information.