Power Of Attorney in Kenya; Definition & Types of Power Of Attorney

Power Of Attorney in Kenya

A Power of Attorney (POA) is a legal document that grants a person or organization the power to act on behalf of another person or organization.

A Power of Attorney is a legal document that authorizes one person (the agent or attorney-in-fact) to act on behalf of another person (the principal) to make legal decisions and sign legal documents. There are two main types of POAs in Kenya – general and specific. A general POA gives broad authority to the agent, while a specific POA is limited to certain acts.

To create a valid POA in Kenya, it must be in writing, signed by the principal, and witnessed. The POA should contain details on who is being appointed, their powers, and any limits. The POA must be registered with the relevant authorities in Kenya to be used, such as the Lands Office for property matters. The principal can revoke the POA at any time.

In Kenya, a POA must be executed in accordance with the law, which requires the donor (the person granting the power) to sign the document, and for the signature to be witnessed by an individual who is not party to the POA.

If the donor is a corporate entity, the POA must be executed under the entity’s seal.

A POA can be general or specific in nature. A general POA grants broad authority to the attorney-in-fact (the person or organization granted the power) to act on behalf of the donor in a wide range of matters, such as financial transactions or legal proceedings.

A specific POA, on the other hand, is limited to a specific task or purpose, such as selling a property or signing a contract.

A POA can be useful in situations where the donor is unable to personally attend to a matter, such as due to illness or travel. By granting a POA, the donor can appoint a trusted individual or organization to act on their behalf and make decisions on their behalf.

It’s important to note that the attorney-in-fact has a legal duty to act in the best interests of the donor, and to only act within the scope of the authority granted by the POA. If the attorney-in-fact acts outside of this scope, they can be held liable for any resulting damages.

Who Issues A Power Of Attorney In Kenya?

A power of attorney in Kenya is issued by the donor or grantor, who is the person authorizing someone else to act on their behalf. The donor or grantor can be an individual or a corporate entity.

The power of attorney must be signed and executed by the donor or grantor, and may need to be witnessed by a third party who is not a party to the power of attorney.

After execution, the power of attorney may need to be registered at the relevant government office or agency, depending on the purpose and nature of the power of attorney.

Types of Power Of Attorney.

1. Power of attorney for Sale and transactions of land: This type of power of attorney allows the donee to act on behalf of the donor with respect to any matters related to the sale or transaction of land, including negotiating the terms of the sale, signing agreements, and transferring ownership.
2. Power of attorney for Registration of intellectual property: This type of power of attorney authorizes the donee to apply for and obtain intellectual property registrations on behalf of the donor, such as trademarks, patents, and copyrights.
3. Power of attorney for Filing of lawsuits: This type of power of attorney enables the donee to commence legal proceedings on behalf of the donor. The donee may file a lawsuit, participate in litigation, and make decisions related to the conduct of the lawsuit.
4. Power of attorney for Signing off on documents: This type of power of attorney grants the donee authority to sign and execute documents on behalf of the donor. The donee may sign contracts, agreements, and other legal documents on behalf of the donor.
5. Power of attorney for Opening of a bank account: This type of power of attorney permits the donee to open and operate a bank account on behalf of the donor. The donee can make deposits, withdrawals, and transactions on behalf of the donor.

Sample Of Power Of Attorney In Kenya?

I/We, [Name/s and Address/es], hereby appoint [Name/s and Address/es] as my/our attorney and agent to act in my/our name and on my/our behalf for the following purposes:

1. To sell and transfer any of my/our land or property, to execute any documents necessary for such transfer, and to receive any money due to me/us from such sale or transfer.
2. To register any intellectual property, including trademarks, patents, and copyrights, on my/our behalf, and to take any action necessary to protect such intellectual property.
3. To file or defend any lawsuit on my/our behalf, to engage legal counsel, and to settle any claims or disputes as they see fit.
4. To sign off on any documents necessary for the day-to-day management of my/our affairs, including contracts, agreements, and leases.
5. To open and operate any bank account in my/our name, to sign checks and withdraw funds, and to make deposits or transfers as they see fit.

This power of attorney is irrevocable and shall remain in full force and effect until [date or event], unless revoked earlier by me/us.

Signed and sealed this [date] day of [month, year].

[Signature/s]

How To Register Power Of Attorney In Kenya?

To register a power of attorney in Kenya, you need to follow these steps:

1. Draft the power of attorney document: The document should clearly state the powers that are being granted to the attorney, the duration of the power of attorney, and the identity of the donor and the attorney.
2. Stamp the document: The power of attorney document must be stamped as per the provisions of the Stamp Duty Act. The amount of stamp duty to be paid will depend on the value of the transaction or property involved.
3. Get the document notarized: The power of attorney document must be notarized by a notary public or a lawyer to certify its authenticity.
4. Register the document: The power of attorney document must be registered at the Lands Office under the Registration of Documents Registrar. The registration fee will depend on the value of the transaction or property involved.
5. Obtain the registered document: Once the document is registered, you will receive a certified copy of the registered power of attorney document.

It is important to note that the registration of the power of attorney must be done within four months from the date of execution, failure to which the power of attorney becomes null and void.

Revocation of Power Of Attorney Kenya.

In Kenya, a power of attorney can be revoked by the donor at any time, as long as they have the capacity to do so.

The process of revocation involves drafting a revocation document that clearly states the intention to terminate the power of attorney. The document should be signed by the donor and notarized.

It’s important to note that if the power of attorney was given for a specific purpose or period, it will automatically expire once the purpose is fulfilled or the period elapses. In such cases, there is no need to formally revoke the power of attorney.

If the donee refuses to accept the revocation or challenges it in court, the donor may need to seek legal advice to resolve the dispute.

It’s advisable for donors to keep a copy of the revocation document and notify all relevant parties, including the donee and any third parties who may have been relying on the power of attorney. This will prevent any unintended consequences of the revoked power of attorney.

What Is Medical Power Of Attorney Kenya?

In Kenya, a medical power of attorney is a legal document that allows an individual (known as the donor or grantor) to authorize another person (known as the donee or attorney-in-fact) to make medical decisions on their behalf when they are unable to do so due to physical or mental incapacity.

The Medical Power of Attorney is authorized in writing and must be signed by the donor or grantor.

The Medical POA allows the donee to provide consent to medical treatment, procedures, and other healthcare decisions on behalf of the donor or grantor. This legal document is governed by Section 9 of the Health Act in Kenya.