If you will be abroad, unwell, or simply unavailable, a power of attorney allows someone you trust to act for you. Used well, it keeps transactions moving; used carelessly, it can hand away more control than intended. The document and its registration deserve care.
What types of power of attorney exist in Kenya?
The Power of Attorney Act recognises the common forms. A general power gives the donee , the person appointed , broad authority over the donor’s affairs. A special or limited power confines the donee to a specific transaction: signing one sale agreement, attending one registration, operating one matter. Most personal situations call for the limited form, drafted to describe precisely what the donee may do and for how long. A donee has no authority beyond what the document grants, which is why careful drafting matters more than the form of the document itself.
Choosing the donee deserves as much care as drafting the document. The donee should be trustworthy, available for the transaction’s duration, and comfortable with the paperwork involved; a relative abroad and a professional in Nairobi can each be the right choice for different tasks, and separate limited powers can be granted to each.
Does a power of attorney need to be registered?
Execution formalities come first: the donor signs before a notary public or commissioner for oaths. Where the donee will deal with land, the instrument should be registered against the title so the donee’s authority is visible to anyone searching the register; instruments are also registrable in the register of documents. Institutions such as banks may have their own requirements for accepting an attorney’s signature, so confirm with them before the transaction date.
How is a power of attorney ended?
- Revocation by the donor, notified in writing and, where the power was registered, recorded against the same register.
- Death of the donor, which revokes the power automatically.
- Completion or expiry of the specific authority granted.
Our real estate and conveyancing team regularly prepares and registers powers of attorney for land dealings, and our contract law practice drafts limited powers for commercial transactions. The Power of Attorney Act can be read on Kenya Law.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.