Special Power of Attorney in Kenya

A Power of Attorney is a legal document that grants an individual (known as the attorney) the authority to act on behalf of another person (known as the principal) in a legal or financial matter.

There are different types of power of attorney in Kenya, and this article will focus on a specific type known as a Special Power of Attorney.

What is a Special Power of Attorney?

A Special Power of Attorney is a legal document that grants an individual (the attorney) the authority to act on behalf of another person (the principal) in a specific matter or transaction. Unlike a General Power of Attorney, which gives the attorney broad powers to act on behalf of the principal, a Special Power of Attorney is limited to a particular transaction or purpose.

A Special Power of Attorney is commonly used in Kenya for the following purposes:

1. Property transactions: A Special Power of Attorney can be used to authorize an attorney to handle the sale or purchase of property on behalf of the principal.
2. Banking transactions: A Special Power of Attorney can be used to authorize an attorney to handle banking transactions on behalf of the principal, such as withdrawing money or signing cheques.
3. Legal proceedings: A Special Power of Attorney can be used to authorize an attorney to represent the principal in legal proceedings, such as filing a lawsuit or defending a case in court.
4. Business transactions: A Special Power of Attorney can be used to authorize an attorney to handle business transactions on behalf of the principal, such as signing contracts or negotiating deals.
5. Tenders- It is now becoming a requirement to obtain a Special Power of Attorney for the tendering processing in Kenya.

Requirements for Creating a Special Power of Attorney in Kenya

To create a valid Special Power of Attorney in Kenya, the following requirements must be met:

1. Capacity: The principal must have the legal capacity to enter into the power of attorney agreement. This means they must be of sound mind and have the legal authority to make decisions regarding the matter in question.
2. Written Agreement: The Special Power of Attorney must be in writing and signed by the principal.
3. Authorization: The Special Power of Attorney must clearly state the specific transaction or matter for which the attorney is authorized to act on behalf of the principal.
4. Attorney’s Acceptance: The attorney must accept the appointment in writing and sign the Special Power of Attorney.
5. Witnessed: The Special Power of Attorney must be witnessed by two adult witnesses who are not related to the principal or the attorney.
6. Notarized: The Special Power of Attorney must be notarized by a Notary Public.

Conclusion

A Special Power of Attorney is a useful legal tool for individuals who need someone to act on their behalf for a specific transaction or purpose. It is important to follow the legal requirements for creating a Special Power of Attorney in Kenya to ensure that the document is valid and legally binding.