The Power Of Attorney In Land Transactions Kenya

The Power Of Attorney In Land Transactions Kenya

The Power Of Attorney In Land Transactions Kenya

A Power of Attorney (POA) in land transactions in Kenya is a legal document that allows a person (the donor) to appoint another person (the attorney) to act on their behalf in matters relating to the disposition of land. This could include actions such as selling, leasing, or subdividing the land.

There are generally two types of POA: Specific and General. A Specific POA is executed for a particular purpose, such as a specific land transaction, while a General POA gives the attorney broad powers to act on behalf of the donor in various matters

The process of creating a POA involves several steps:

  1. The POA document must be filled out, including details such as the title number of the land, and the name, ID, PIN, email, phone number, and address of the attorney.
  2. The parties involved must sign the POA before an advocate
  3. The POA must be stamped and registered at the lands registry where the property is situated
  4. If the POA is issued by a company, a copy of the Memorandum and Articles of Association of the company and a company resolution authorizing the POA must be presented

For a foreign POA to have authority in Kenya, it must be registered in Kenya, even if it is already registered in its country of origin.

A Notary Public stamp from the embassy of the POA’s country of origin in Kenya will be required to verify its authenticity. If the POA is in another language, a Certificate from the country’s embassy verifying the interpretation must be obtained

It’s important to note that an Irrevocable POA cannot be revoked or terminated unless both the donor and the agent agree to the arrangement. This form of POA is often used when the person being represented is a minor or a mentally incapacitated person

A Power of Attorney in land transactions must be properly executed, stamped, and registered to be valid, and additional steps are required for foreign POAs.

Key Points on POA in Land Transactions

A Power of Attorney (POA) is commonly used in land transactions in Kenya to legally appoint someone to handle the sale, purchase or other dealings related to land on your behalf.

Some key points on POA in land transactions in Kenya:

  • It allows the donor to appoint an attorney or agent to handle land transactions without the donor being personally present.
  • The POA can grant general powers to deal with the land such as selling, leasing, subdividing etc. Or it can be specific to a particular transaction.
  • The POA must be registered with the lands registry to take effect against third parties. Registration provides public notice.
  • Signatures of donor and attorney must be witnessed by an advocate or magistrate in Kenya.
  • If the donor is a company, the POA must be executed under seal.
  • The POA must contain the land details such as title number, location, size, registered owners etc.
  • The attorney must act only within the powers granted in the POA when dealing with the land.
  • The POA may be revoked by the donor at any time.

POA allows appointment of an attorney to handle land dealings and must be properly executed and registered to be legally valid in Kenya. The attorney can then act on behalf of the donor within the powers granted.

Requirements For Power Of Attorney Registration In Kenya

The Power of Attorney (POA) must be signed by all parties consenting to it, typically the donor/principal and the attorney/agent. It must be witnessed and executed before a Commissioner of Oaths or Notary Public.

The POA should contain details like full names, identification numbers, signatures and physical addresses of the parties.

For it to be used in land transactions in Kenya, the POA has to be registered. This involves presenting the original POA and paying a registration fee to the Registrar of Documents. The POA is registered in a Register of Powers of Attorney at the lands office. Even foreign POAs must be registered in Kenya to have legal authority.

There are 2 main types – general and specific. The general POA gives broad authority to the agent to act in all matters on behalf of the principal. The specific POA limits the agent’s powers to specific transactions or time periods. Banks and land authorities in Kenya typically require the specific POA when dealing with agents.

The POA should clearly outline the powers being granted and any limits. It can cover financial, legal, medical and land matters. The principal can revoke it anytime. It is advisable to register revocation as well. The POA expires automatically on death of the principal.

Companies have to execute the POA as per their rules and authorize directors or officers to sign as representatives. Foreign companies must also meet local registration requirements. The POA registration process helps prevent fraud and abuse.

Who Signs A Power Of Attorney In Kenya?

In Kenya, a Power of Attorney (POA) must be signed by the donor, also known as the principal or grantor. The signature of the donor must also be witnessed by an individual who is not a party to the POA.

If the donor is a company or corporate entity, the POA must be executed under seal.

Some key points on who can sign a POA in Kenya:

  • The donor/principal must sign the POA to authorize the attorney to act on their behalf
  • The donor’s signature must be witnessed
  • If the donor is a company, it must be signed under company seal
  • The person being appointed as attorney must sign to accept the responsibility

 

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