Notarization Request Form (Kenya)

A Notarization Request Form in Kenya states what the requester is asking for and the basis on which it should be granted.

A notary public in Kenya is a solicitor or advocate admitted to the Roll of Advocates maintained by the Law Society of Kenya (LSK) under the Advocates Act Cap. 16 who has been specially appointed by the Chief Justice under the Notaries Public Act Cap. 12 to perform notarial acts. Notarial acts include: certifying that a document is a true copy of an original; attesting the execution of documents including deeds, powers of attorney, affidavits, and commercial contracts; administering oaths and taking statutory declarations under the Oaths and Statutory Declarations Act Cap. 15; certifying the identity of a signatory; protesting bills of exchange and promissory notes under the Bills of Exchange Act Cap. 27; and preparing notarial certificates for use in foreign legal proceedings.

For documents intended for use in countries that are signatories to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents 1961 — commonly known as the Apostille Convention — Kenya issues an Apostille certificate through the designated competent authority. Kenya acceded to the Apostille Convention on 15 January 2021, with the Ministry of Foreign and Diaspora Affairs designated as the competent authority for issuing Apostilles on Kenyan public documents. Where the destination country is not an Hague Convention signatory, the document must be notarised by a Kenyan notary and then authenticated through the full legalisation chain: notarisation by a notary public, certification by the Law Society of Kenya, authentication by the Ministry of Foreign and Diaspora Affairs, and further legalisation by the embassy or consulate of the destination country in Kenya.

The Oaths and Statutory Declarations Act Cap. 15 authorises commissioners for oaths — a wider category of officials including magistrates, diplomatic personnel, and advocates of at least five years' standing — to administer oaths and take statutory declarations for use within Kenya. However, for documents requiring notarisation for use abroad, only a notary public appointed under the Notaries Public Act Cap. 12 has the internationally recognised authority to perform the required notarial act. The distinction between a commissioner for oaths attestation (domestic use) and a notarial certificate (international use) is critical: many foreign institutions — including banks, courts, government agencies, and universities — will not accept a commissioner for oaths attestation and require a proper notarial certificate.

Commonly notarised documents in Kenya include powers of attorney for property transactions, affidavits for use in foreign court proceedings, commercial contracts and corporate resolutions for cross-border transactions, academic certificates for overseas employment or immigration applications, consent letters for minor travel, identity documents for emigration or citizenship applications, and wills for probate in foreign jurisdictions. The Notarization Request Form provides a structured instruction to the notary public and creates a contemporaneous record of the client's instructions, the documents presented, and the nature of the notarial act requested.

A Notarization Request Form in Kenya is needed whenever a person or entity requires a document to be notarised by a notary public appointed under the Notaries Public Act Cap. 12 for use in Kenya or, more commonly, in a foreign jurisdiction.

A Notarization Request Form is required when a Kenyan citizen or resident applies for a visa, residency, or citizenship in another country and must submit notarised copies of identity documents, birth certificates, marriage certificates, or academic transcripts to the foreign immigration authority or embassy. Many countries — including Canada, the United States, the United Kingdom, Germany, and Australia — require notarised documents from applicants whose home country is Kenya.

A Notarization Request Form is needed when a Kenyan company or individual executes a power of attorney for property transactions, company registrations, or legal proceedings in a foreign country. The receiving foreign institution — whether a notary, land registry, company registrar, or court — will require a notarial certificate confirming the identity of the signatory and the due execution of the instrument, consistent with the Notaries Public Act Cap. 12.

A Notarization Request Form is required when a Kenyan student applies for admission to a university abroad and must submit notarised copies of academic certificates, transcripts, and professional qualifications issued by Kenyan institutions such as the Kenya National Examinations Council (KNEC) or the Kenya Universities and Colleges Central Placement Service (KUCCPS).

A Notarization Request Form is needed when a commercial document — such as a contract, invoice, certificate of origin, or board resolution — must be notarised for use in international trade, cross-border financing, or foreign regulatory filings. Banks and financial institutions involved in international trade finance frequently require notarised documents under the Uniform Customs and Practice for Documentary Credits (UCP 600) issued by the International Chamber of Commerce.

A Notarization Request Form is required when the document must subsequently be Apostilled under the Hague Convention 1961, for submission to a country that is an Apostille Convention signatory, or when the document must proceed through the full legalisation chain for non-Hague countries, starting with the notary public and ending with the destination country's embassy in Nairobi.

A complete and effective Notarization Request Form in Kenya under the Oaths and Statutory Declarations Act Cap. 15 and the Notaries Public Act Cap. 12 should include the following essential elements.

Applicant Identification: Full legal name, national identity card number or passport number, physical address, telephone number, and email address of the person requesting the notarisation. Where the request is made on behalf of a company or organisation, the BRS registration number, registered address, and name and designation of the authorised representative should be stated. The notary public is required under Cap. 12 and standard notarial practice to verify the identity of the requesting party before performing any notarial act.

Document Description: A precise description of each document to be notarised, including the document type (e.g. Power of attorney, academic certificate, commercial contract, affidavit), date of the document, issuing authority or parties, and the number of pages. The notary must inspect and retain a record of each document notarised, and the Notarization Request Form creates a contemporaneous instruction record.

Type of Notarial Act Required: Specification of the notarial act requested — whether certification of a true copy, attestation of a signature, administration of an oath or statutory declaration under the Oaths and Statutory Declarations Act Cap. 15, or protest of a commercial instrument under the Bills of Exchange Act Cap. 27. Different notarial acts attract different fees and procedures, and specifying the act required avoids delays and misunderstandings at the appointment.

Purpose and Destination Country: The intended use of the notarised document and the country where it will be used. This information determines whether the document requires only notarisation, or must additionally be Apostilled by the Ministry of Foreign and Diaspora Affairs under the Hague Convention 1961, or must go through the full legalisation chain for non-Hague countries. The notary may need to prepare the certificate in a specific format required by the destination country or institution.

Language Requirements: Whether the notarised document or notarial certificate requires translation into a foreign language. Where a certified translation is required, this should be arranged before the notarisation appointment, as some notaries provide certified translation services while others require a separate sworn translator. Academic certificates, birth certificates, and marriage certificates issued in Swahili by Kenyan government agencies frequently require certified English translations for foreign use.

Original Documents: Confirmation that the original documents will be presented at the notarisation appointment. The Notaries Public Act Cap. 12 requires the notary to inspect original documents before certifying true copies. Presenting forged or altered documents to a notary public is a criminal offence under the Penal Code Cap. 63 and may result in prosecution for forgery under Section 345 of the Penal Code.

Fees and Timeline: The agreed fee for the notarial service, consistent with the notary's published fee schedule or the schedule prescribed under the Advocates Remuneration Order issued under the Advocates Act Cap. 16 as applicable, together with the agreed timeline for completion of the notarial act. Urgent notarisation may attract an additional fee, and the form should record the agreed delivery date for the completed notarial certificates.

Authorisation and Signature: The applicant's signature authorising the notary to perform the specified acts, dated and witnessed. Where the applicant is a company, the authorised signatory's designation and authority — for example, resolution of the board of directors under the Companies Act No. 17 of 2015 — should be confirmed.

Forms-legal.com provides this Kenya Notarization Request Form as a practical template for individuals and businesses engaging a notary public for domestic and international document authentication. For complex notarial requirements — including cross-border transactions, international court proceedings, and Hague Convention Apostille procedures — the services of an advocate and notary public admitted to the Roll of Advocates maintained by the Law Society of Kenya (LSK) should be engaged.