General Power of Attorney (Kenya)
GENERAL POWER OF ATTORNEY
Powers of Attorney Act Cap. 56 of the Laws of Kenya
THIS GENERAL POWER OF ATTORNEY is made at [Execution Place] on [Execution Date] under the Powers of Attorney Act Cap. 56 of the Laws of Kenya.
1. DONOR (PRINCIPAL)
1.1 I, [Donor Name] ([Donor Type]), of [Donor Address], National ID / Passport No. [Donor ID Number], date of birth [Donor Date Of Birth], BRS Registration No. [Donor Company Reg Number] (the "Donor") hereby appoint the attorney named below as my true and lawful attorney with the powers set out in this instrument.
1.2 This power of attorney is executed in compliance with the Powers of Attorney Act Cap. 56 and, where the Donor is a company, in accordance with Section 39 of the Companies Act No. 17 of 2015.
2. ATTORNEY-IN-FACT (DONEE)
2.1 I appoint [Attorney Name] of [Attorney Address], National ID / Passport No. [Attorney ID Number], date of birth [Attorney Date Of Birth], ([Attorney Relationship] to the Donor), as my Attorney-in-Fact (the "Attorney").
2.2 Multiple attorneys appointed: [Multiple Attorneys]. Where multiple attorneys are appointed, they shall act: [Multiple Attorney Acting].
3. GRANT OF AUTHORITY
3.1 I hereby grant to the Attorney full power and authority to act in my name and on my behalf in respect of the following: [Authority Scope]. [Specific Authority].
3.2 Without limiting the generality of the foregoing, the Attorney shall have authority to:
(a) Property / Land Authority: [Property Authority]. Where granted, the Attorney may buy, sell, lease, mortgage, charge, manage, and otherwise deal with my registered and unregistered land and immovable property, including: [Land Registry Details]. Dealings with registered land shall be conducted in accordance with the Land Registration Act No. 3 of 2012 and the Land Act No. 6 of 2012.
(b) Banking Authority: [Banking Authority]. Where granted, the Attorney may operate, manage, and give instructions in respect of my bank accounts and financial accounts, including: [Bank Account Details]. The Attorney may sign cheques, initiate electronic transfers, and give standing orders on my behalf.
(c) Litigation Authority: [Litigation Authority]. Where granted, the Attorney may instruct advocates, sign pleadings, attend hearings, give evidence, and conduct all legal proceedings in my name before any court, tribunal, or dispute resolution body in Kenya.
(d) Kenya Revenue Authority: [KRA Authority]. Where granted, the Attorney may file tax returns, respond to KRA assessments and notices, make tax payments, and represent me before the Tax Appeals Tribunal under the Tax Appeals Tribunal Act No. 40 of 2013.
(e) General Business: The Attorney may sign contracts, execute deeds, manage business operations, instruct employees and agents, receive income and pay debts, and do all other acts necessary to manage my affairs as fully and effectively as I could do personally.
3.3 I ratify and confirm all acts lawfully done by the Attorney pursuant to this power of attorney and agree to indemnify the Attorney against all claims, liabilities, and expenses reasonably incurred in good faith in exercising these powers.
4. ENDURING CLAUSE AND DURATION
4.1 Enduring Power of Attorney: [Is Enduring]. Where this is expressed as enduring, this power of attorney shall NOT be revoked by my subsequent mental incapacity and shall continue in full force and effect notwithstanding any mental incapacity on my part, in accordance with the Powers of Attorney Act Cap. 56.
4.2 Duration: [Duration Term Type] — [Duration Details]. This power of attorney shall continue until revoked by me in writing or until it expires in accordance with this clause.
4.3 Irrevocability: [Irrevocability Period].
4.4 This power of attorney shall be automatically revoked upon my death. Any transaction purportedly conducted by the Attorney after my death is void.
5. LAND REGISTRY NOTATION AND APOSTILLE
5.1 Land Registry Notation Required: [Land Registry Notation]. Where required, this power of attorney or a certified copy thereof shall be filed with and noted by the relevant Land Registry before the Attorney executes any land transaction. The Attorney shall execute all land instruments in the form: 'as attorney for [Donor Name] under a Power of Attorney dated [Execution Date] registered/noted at [Land Registry Details]'.
5.2 Apostille Required: [Apostille Required]. Where required for international use, this document shall be notarised by a Notary Public registered under the Notaries Public Act Cap. 19 and authenticated by Apostille Certificate issued by the Government of Kenya.
6. EXECUTION
EXECUTED AS A DEED by the Donor at [Execution Place] on [Execution Date].
Donor: [Donor Name] | National ID / Passport No.: [Donor ID Number]
Witness: [Witness Name] | National ID No.: [Witness ID Number] | Address: [Witness Address]
Commissioner for Oaths / Notary Public: [Commissioner Name]
Acceptance by Attorney: I, [Attorney Name], hereby accept the appointment as Attorney-in-Fact under this General Power of Attorney and undertake to act in the best interests of the Donor and within the scope of authority conferred.
Donor (Principal)
________________
Signature
Witness
________________
Signature
Attorney-in-Fact (Donee)
________________
Signature
What Is a General Power of Attorney (Kenya)?
A General Power of Attorney in Kenya delegates legal authority from a principal to a chosen agent, setting the scope and limits of that authority.
The Powers of Attorney Act Cap. 56 is the primary statute governing powers of attorney in Kenya. Section 1 of the Powers of Attorney Act Cap. 56 provides that a donee of a power of attorney may, if the power so provides, execute or do any instrument or thing in and with their own name and signature by the authority of the donor. Section 2 of the Act provides that an instrument creating a power of attorney may be executed and attested in the same manner as any other deed under the law of Kenya.
A General Power of Attorney must be distinguished from a Special Power of Attorney and from an Enduring Power of Attorney. A Special Power of Attorney is limited to a single specific transaction or a defined class of transactions — for example, the sale of a specific property or the conduct of a specific litigation matter. A General Power of Attorney confers unlimited or broad authority over multiple categories of the donor's affairs. An Enduring Power of Attorney — recognised under the Powers of Attorney Act Cap. 56 as amended — survives the subsequent mental incapacity of the donor and is the appropriate instrument where the donor anticipates possible future incapacity.
A General Power of Attorney in Kenya that is not expressed as enduring is automatically revoked by operation of law upon the donor's subsequent mental incapacity, death, or express revocation. This is a critical distinction: a donor who executes a General Power of Attorney for the purpose of estate planning or eldercare must consider whether an Enduring Power of Attorney is more appropriate.
For a General Power of Attorney in Kenya to be used in relation to land transactions — buying, selling, leasing, or mortgaging land — the instrument must be in writing, executed as a deed before a witness, and presented to the relevant Land Registry for registration or noting before the attorney executes any land transaction. The Land Registration Act No. 3 of 2012 and the Land Act No. 6 of 2012 require that dealings with registered land be documented by instruments executed by the registered proprietor personally or by an attorney duly appointed under a registered power of attorney.
Where a General Power of Attorney is to be used internationally — for example, to give a Kenyan resident authority to manage the affairs of a Kenyan expatriate working abroad — the instrument must typically be notarised by a Notary Public or Commissioner for Oaths in Kenya under the Oaths and Statutory Declarations Act Cap. 15, and then authenticated by way of an Apostille Certificate issued by the Government of Kenya under the Hague Convention on the Apostille (to which Kenya acceded in 2023) or by the relevant foreign embassy or consulate.
The Kenya Revenue Authority (KRA) Income Tax Act Cap. 470 provides that a person acting under a power of attorney in a representative capacity — managing property, receiving rents, or conducting business — is personally liable for the tax obligations of the donor in respect of transactions conducted under the power. The attorney-in-fact should be aware of this tax agent liability when accepting appointment.
When Do You Need a General Power of Attorney (Kenya)?
A General Power of Attorney in Kenya is required in a wide range of personal, business, and property situations where the donor cannot or does not wish to act personally.
A General Power of Attorney is needed when a Kenyan citizen working or studying abroad for an extended period needs a trusted family member, advocate, or professional to manage their bank accounts, collect rental income, pay bills, handle correspondence with the Kenya Revenue Authority (KRA), and make financial decisions in their absence.
A General Power of Attorney is required when an elderly Kenyan property owner appoints an adult child or trusted person to manage and administer their real property — collecting rent, negotiating lease renewals, instructing contractors — where the owner is unable to attend to these matters personally due to illness or mobility constraints. In this case, consideration should also be given to an Enduring Power of Attorney under the Powers of Attorney Act Cap. 56.
A General Power of Attorney is needed when a foreign investor who has purchased land or a business in Kenya appoints a Kenyan-resident attorney-in-fact to handle all dealings with the Land Registry, the Business Registration Service (BRS), the Kenya Revenue Authority, and other government bodies on their behalf without requiring the investor to travel to Kenya for each transaction.
A General Power of Attorney is required when a Kenyan company director who holds registered shares or land in their personal name appoints a co-director or company secretary to handle personal legal and financial matters during a period of hospitalisation, travel, or absence from Kenya.
A General Power of Attorney is needed when a Kenyan citizen inheriting property under a deceased relative's will needs to authorise a family advocate or estate administrator to take possession, pay probate fees, and transfer title at the relevant Land Registry under the Law of Succession Act Cap. 160 on behalf of the beneficiary.
A General Power of Attorney is required when a Kenyan borrower appoints a mortgage agent or bank representative to execute charge documents, loan disbursement instructions, and title transfer instruments in connection with a property purchase financed by a commercial bank under the Land Act No. 6 of 2012.
What to Include in Your General Power of Attorney (Kenya)
A Kenya General Power of Attorney under the Powers of Attorney Act Cap. 56 must contain the following essential elements to be valid, enforceable, and accepted by government agencies, banks, and the Land Registry.
Donor (Principal) Details: The full legal name, National Identity Card (NIC) number or passport number, date of birth, and residential address of the donor. For corporate donors, the company name, BRS registration number, registered office address, and resolution authorising the execution of the power of attorney.
Donee (Attorney-in-Fact) Details: The full legal name, NIC number or passport number, date of birth, and residential or office address of the attorney-in-fact. Where more than one attorney is appointed, the instrument should specify whether they may act jointly, jointly and severally, or separately, and any limitations on multiple attorneys.
Scope of Authority: A clear and thorough grant of authority specifying the categories of acts the attorney is authorised to perform. For a General Power of Attorney in Kenya, standard categories include: management and disposal of real property (buying, selling, leasing, mortgaging, collecting rents); management of bank accounts and financial instruments; execution of contracts and agreements; conduct of litigation and legal proceedings before Kenyan courts and tribunals; filing of tax returns and payment of taxes with the Kenya Revenue Authority; operation of business interests; and receipt of income, proceeds, and documents.
Enduring Provision (Optional): Where the donor intends the power to survive subsequent mental incapacity, an express enduring clause must be included — for example: 'This power of attorney shall not be revoked by the donor's subsequent mental incapacity.' Without an enduring clause, the power is automatically revoked upon the donor's incapacity under the Powers of Attorney Act Cap. 56.
Revocation Clause: The circumstances and method by which the donor may revoke the power — written notice to the attorney and to relevant third parties, registration of a revocation notice at the Land Registry where the power was noted in connection with land transactions, and any irrevocability period.
Execution and Attestation: The instrument must be executed as a deed by the donor in the presence of at least one independent witness — not the attorney or the attorney's spouse — who must sign and provide their name, address, and NIC number. For land transactions, execution before a Commissioner for Oaths or a Notary Public is required. For international use, notarisation by a Notary Public registered under the Notaries Public Act Cap. 19 and Apostille authentication is required.
Date and Duration: The date of execution and the period for which the power is granted — a specific term (e.g. Two years), a defined purpose (e.g. Until completion of a specific property sale), or indefinitely until revoked. Specifying a duration protects the donor and gives third parties certainty.
Land Registry Notation: Where the General Power of Attorney will be used for land transactions, the instrument or a certified copy must be filed with and noted by the relevant Land Registry under the Land Registration Act No. 3 of 2012 before the attorney executes any land dealing. The forms-legal.com Kenya General Power of Attorney template includes all required provisions under the Powers of Attorney Act Cap. 56 and is formatted for acceptance by the Land Registry, the BRS, and the Kenya Revenue Authority. Under Kenya law, Section 3 of the Companies Act 2015 (No. 17 of 2015) and Section 3 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.
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year = {2026},
howpublished = {\url{https://forms-legal.com/kenya/estate-planning/power-of-attorney/general-power-of-attorney-kenya}},
note = {Free legal document template}
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Frequently Asked Questions
A General Power of Attorney in Kenya confers broad authority on an attorney-in-fact to act on the donor's behalf across all or multiple categories of personal, financial, property, and legal affairs. However, under the Powers of Attorney Act Cap. 56, a General Power of Attorney is automatically revoked if the donor subsequently becomes mentally incapacitated — the attorney can no longer act on the donor's behalf once the donor lacks mental capacity. An Enduring Power of Attorney expressly survives the donor's subsequent mental incapacity because it contains a clause stating that the power is intended to continue despite the donor losing mental capacity. This is the critical distinction for elderly Kenyans or those planning for possible future incapacity: an ordinary General Power of Attorney provides no protection once the donor's mental capacity fails, while an Enduring Power of Attorney — properly executed under the Powers of Attorney Act Cap. 56 — remains valid and operative. For estate planning and eldercare purposes, Kenyan practitioners typically recommend an Enduring Power of Attorney.
Whether notarisation is required for a General Power of Attorney in Kenya depends on the intended use. For domestic use — managing bank accounts, signing contracts, conducting business — a General Power of Attorney executed as a deed before an independent witness and, where required, before a Commissioner for Oaths under the Oaths and Statutory Declarations Act Cap. 15 is sufficient. Most Kenyan banks and government agencies accept a power of attorney witnessed by a Commissioner for Oaths or an Advocate of the High Court of Kenya. For land transactions — buying, selling, or mortgaging registered land — the power of attorney must be in a form acceptable to the Land Registry and is typically required to be executed before a Commissioner for Oaths or Notary Public registered under the Notaries Public Act Cap. 19. For international use — giving a Kenya-resident attorney authority to deal with a foreign investor's Kenyan assets, or authenticating a Kenyan power of attorney for use abroad — notarisation by a Notary Public and, since Kenya's accession to the Hague Apostille Convention in 2023, authentication by Apostille Certificate is required.
Yes. A General Power of Attorney in Kenya may be used to authorise an attorney-in-fact to buy, sell, lease, mortgage, or otherwise deal with the donor's registered land. However, strict requirements apply under the Land Registration Act No. 3 of 2012 and the Land Act No. 6 of 2012. The power of attorney must be in writing and executed as a deed before a Commissioner for Oaths or Notary Public. A copy of the power of attorney must be filed with or noted at the relevant Land Registry before the attorney executes any land transaction. The Land Registrar will note the power on the title register. When the attorney executes a transfer, charge, or lease instrument on behalf of the donor, the instrument must clearly state that the attorney is signing 'as attorney for [donor's name] under a Power of Attorney dated [date] registered/noted at [Land Registry].' The Land Registry may require a certified copy of the power of attorney to be attached to the dealing instrument. An attorney acting under an unregistered or unnoted power may face rejection of land instruments by the Registrar.
A donor may revoke a General Power of Attorney in Kenya at any time by executing a written Deed of Revocation and delivering it to the attorney-in-fact. The revocation takes effect when the attorney receives actual notice of it. To protect the donor against an attorney who continues to deal with third parties after revocation, the donor should also notify all banks, institutions, and other persons who have previously dealt with the attorney of the revocation in writing. Where the power of attorney was noted at the Land Registry in connection with land transactions, the donor should file a Revocation Notice at the relevant Land Registry so that the Register is updated and the Registrar is aware that the attorney's authority has ended. A General Power of Attorney is also automatically revoked by the death of the donor, by the donor's subsequent mental incapacity (unless the power is enduring), and upon the occurrence of any event specified in the instrument as a revocation event — such as the completion of a specific transaction. Under Section 5 of the Powers of Attorney Act Cap. 56, an attorney who acts under a power that has in fact been revoked but without knowing of the revocation is protected, as is a third party who in good faith deals with the attorney without notice of revocation.
No. A General Power of Attorney in Kenya — whether general or special — is automatically revoked upon the death of the donor by operation of law. The attorney-in-fact has no authority to act on behalf of a deceased donor. Any transaction purportedly conducted by an attorney after the donor's death is void and of no legal effect. Upon the donor's death, the authority to deal with the donor's estate passes to the personal representative — the executor named in the will or the administrator appointed by the High Court under the Law of Succession Act Cap. 160. The personal representative's authority derives from the Grant of Probate or Letters of Administration issued by the High Court, not from any power of attorney. An attorney who continues to transact after the donor's death may be personally liable for fraud, breach of trust, or conversion of estate assets under the Penal Code Cap. 63. Beneficiaries of the estate who discover such transactions may pursue civil claims against the attorney before the High Court of Kenya.
A General Power of Attorney executed in Kenya is subject to stamp duty under the Stamp Duty Act Cap. 480, administered by the Kenya Revenue Authority (KRA). The Stamp Duty Act prescribes a nominal duty on powers of attorney — generally a flat rate — unless the power of attorney also operates as a conveyance or transfer of property, in which case the applicable conveyance duty rate applies. A power of attorney that merely authorises another person to act on behalf of the donor, without itself effecting any transfer of property, attracts only the nominal power of attorney stamp duty. The instrument should be presented to the KRA Stamp Duty office or processed through the KRA iTax portal before it is used for any transaction requiring a stamped instrument as evidence. An unstamped power of attorney is inadmissible as evidence in civil proceedings under Section 19 of the Stamp Duty Act until the outstanding duty and any applicable penalty is paid. For powers of attorney used in land transactions, the Land Registry requires evidence of stamping before accepting the instrument for noting or registration.
Yes. A company incorporated under the Companies Act No. 17 of 2015 may grant a General Power of Attorney authorising an individual — a director, company secretary, or external agent — to act on the company's behalf. The grant of a power of attorney by a company must be authorised by a Board Resolution passed at a duly convened meeting of the board of directors, or by written resolution of the directors. The power of attorney instrument is then executed under the company's common seal (if the company has one) or signed by two authorised signatories — typically two directors, or a director and the company secretary — in accordance with Section 54 of the Companies Act No. 17 of 2015 on the execution of documents by companies. A company power of attorney used for land transactions must be noted at the Land Registry. A company power of attorney used for banking transactions must be filed with the bank as part of the company's mandate documentation. The company's BRS certificate of incorporation and the authorising board resolution should be attached to the instrument when presenting it to third parties.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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