Power of Attorney in Kenya: Types, Requirements, and When to Use Them
- Muhoro & Gitonga Associates
- Feb 10
- 4 min read
Table of Contents
1. What is a Power of Attorney?
A Power of Attorney (POA) in Kenya is a legal document that allows one person, known as the donor or principal, to authorize another, the attorney or agent, to act on their behalf. This can cover financial, property, or personal matters.
It is governed by the:-
POAs enable efficient management when the donor is unavailable or incapacitated. They must comply with Kenyan statutes to be enforceable.
2. Types of Power of Attorney in Kenya
Kenyan law recognizes several POA types, each suited to different needs.
2.1 General Power of Attorney
This grants broad authority to handle various affairs, such as property management and financial decisions. It is ideal for comprehensive delegation.
It terminates if the donor becomes incapacitated, unless specified otherwise.
2.2 Specific or Limited Power of Attorney
This limits authority to particular tasks, like selling a specific property or handling a single transaction. It ends upon completion of the task.
It is governed by the same acts but with narrow scope.
2.3 Enduring or Irrevocable Power of Attorney
This remains valid even if the donor loses mental capacity. It requires consideration and mutual consent for revocation.
It is used for long-term planning under the Law of Contract Act. Other variants, like springing POAs, activate under specific conditions, such as incapacity.
3. Legal Requirements for a Valid Power of Attorney
To create a valid POA, certain conditions must be met.
Both donor and attorney must be at least 18 years old and of sound mind.
The document must identify parties with full names and addresses.
It must be in writing, clearly stating the powers granted.
Powers cannot include illegal acts.
Execution requires the donor's signature in the presence of a witness.
For companies, it needs board resolution and company seal.
Stamp duty must be paid to the Kenya Revenue Authority within 30 days under the Stamp Duty Act.
Non-compliance can render the POA invalid.
4. Step-by-Step Registration Process
Registration is mandatory for POAs involving land or to ensure enforceability. It occurs at the Registrar of Documents or Lands Registry under the Registration of Documents Act.
4.1 Prepare Documents
Gather the original executed POA, stamped for duty.
Include IDs, PIN certificates, and photos of parties.
For companies, add incorporation documents and board resolutions.
4.2 Pay Fees
Pay stamp duty and registration fee, typically KSh 1,000.
4.3 Lodge the POA
Submit at the relevant registry. Timeline: Process within 30 days of execution to avoid penalties.
4.4 Effects of Registration
Provides public notice and prevents fraud. Unregistered POAs may not be accepted in land transactions.
Foreign POAs require notarization, legalization, and local registration.
5. When to Use a Power of Attorney
POAs are useful in various scenarios under Kenyan law.
Use a general POA when abroad for managing assets or business.
Opt for a specific POA for one-time tasks, like property sales.
Choose an enduring POA for estate planning against future incapacity. They are common for diaspora Kenyans handling Kenyan affairs.
In corporate settings, use for tenders or regulatory compliance.
Always ensure alignment with statutes like the Land Registration Act for property.
Compliance includes timely stamping and registration.
6. Revocation of Power of Attorney
A donor can revoke a POA if they have capacity.
6.1 Express Revocation
Issue a written notice of revocation, witnessed.
Register it at the relevant registry using forms like LRA 8 for land.
Notify affected parties.
6.2 Implied Revocation
Occurs through death, incapacity (unless enduring), or task completion.
Court orders or bankruptcy can also end it.
For irrevocable POAs, revocation needs consent or court intervention.
Registration of revocation is essential to bar further actions.
Frequently Asked Questions (FAQ)
Q1: What is the main law governing Power of Attorney in Kenya?
The Registration of Documents Act (Cap 285) primarily governs POAs, alongside the Law of Contract Act (Cap 23) and Stamp Duty Act (Cap 480).
Q2: What are the types of Power of Attorney available in Kenya?
Types include general (broad powers), specific (limited tasks), and enduring (valid during incapacity).
Q3: Is registration of a Power of Attorney mandatory in Kenya?
Yes, for enforceability, especially in land dealings under the Land Registration Act.
Q4: How do I register a Power of Attorney in Kenya?
Submit the stamped original with IDs and fees at the Lands Registry or Registrar of Documents within 30 days.
Q5: When should I use a general Power of Attorney?
Use it for broad management of affairs when unavailable, such as travel or business needs.
Q6: Can a Power of Attorney be revoked?
Yes, through written notice and registration, unless it is irrevocable.
Q7: What happens if the donor becomes incapacitated?
A standard POA ends, but an enduring POA continues.
Q8: Are there special requirements for foreign Powers of Attorney in Kenya?
They need notarization, legalization, translation if needed, and local registration.
