POWER OF ATTORNEY

INTRODUCTION
A power of attorney is an instrument by which a person appoints another in any
matter, including the disposition in land. It is an authority in writing by the donor that
enables another person to act for him. An attorney is a person who is appointed by
another and has authority to act on behalf of another.

The authority is contained in a letter of attorney. It could be general or specific. The

donor permits the attorney to do some lawful act. The attorney is not permitted to do
an ultra vires act.

A power of attorney presupposes that the person donating it has capacity. As such, a
person of unsound mind has no capacity to donate a power of attorney. Consequently,
where a person purports that he has a power of attorney donated to him by a person of
unsound mind, as was the case in Grace Wanjiru Munyinyi And Another v Gedion
Waweru And Others (2002) Eklr, the power is null in law.
Section 48 (1) of the Land Registration Act, makes provision for powers of attorney.
Pursuant to this section, an instrument dealing with an interest in land shall not be
accepted for registration where it is signed by an agent (other than the registered
proprietor) without a power of attorney. The original copy of such power of attorney
must be filed. In the event that one wishes to file a copy of the power of attorney then
it must be with the consent of the registrar and the copy must be duly certified by
him.
Section 7 further provides that the land registry is required to keep a register of the
power of attorney. Section 48 (2) provide that the registrar is required to keep a
register of the power of attorney and file the same in the file of power of attoney. A
copy of the power of attorney may be filed subject to the consent of the registrar and
his certification

The donor must have capacity. Where a person purports that he has a power of
attorney donated to him by a person of unsound mind, as was in the case of Grace
Wanjiru Munyinyi & another v Gideon Waweru & 5 others, the power is null in law.
The power of attorney must be stamped and registered in the Register of Power of
Attorney. In this regard, the stamp duty act applies.
Checklist
 Date of execution of the specific power of attorney
 Parties to the power of attorney: donor and done
 Title
 Appointment
 Particulars of the parties (donor and the donee)
 Authority
 Revocation clause
 Execution
 Attestation
 REPUBLIC OF KENYA
GENERAL POWER OF ATTORNEY
TO:
WAKILI MKALI
P.O. BOX 1234

I, KIJANA MPOLE, of P.O. Box 3434343 NAIROBI in the Republic of Kenya do

HEREBY APPOINT WAKILI MKALI AS MY TRUE AND LAWFUL
ATTORNEY for and in my name without any reference to me AND without
prejudice to the generality of the foregoing to sign, attend and otherwise participate on
my behalf and in my name (in so far as my signature attendance or participation
would be requisite) all documents, correspondence, meetings and other activities
relating to:
a) Ordinary correspondence, cheque and other bills of exchange;
b) Hiring, leasing, transferring and mortgaging of any of my property;
c) Taking of leases and mortgages by myself;
d) Opening and maintenance of any type of account with any bank or financial
institutions;
e) Recovery of any and all moneys, debts or property due and owed to myself;
f) Taking delivery of letters, telegraphic messages, drafts, packages and securities
of any kind, from the post offices or from railway, airline, express or steamship
companies against the necessary receipt and discharge signature;
g) Attending, taking part in or voting at any and all meetings of creditors,
shareholders, directors or officers of any corporation or association in which I
have interest or to give proxy therefore.
h) Arbitration, suits, actions and other legal or equitable proceedings in which my
interest are concerned;
i) Employment, retention, suspension or dismissal of any or all employees in my
employ;
j) Execution, signing seals and delivery of all deeds of contract receipt
acknowledgement notice instruments documents and letters necessary and proper
for effectively doing or causing to be done any or all of the acts and things which
the attorney is by these presents empowered to do on my behalf;
k) Generally to do or cause to be done for and on my behalf all acts and things
whatsoever whether expressly mentioned herein or not which may seem to the
attorney to be requisite or expedient to be done or caused to be done on my
behalf;
IN WITNESS WHEREOF I have hereunto set my hand and fixed my seal this 18th
day of May 2023.
SIGNED and SEALED }
by me the said }
KIJANA MPOLE }………………………………
In presence of:- }
}
}
(Advocate) }

DRAWN & FILED BY:-

Firm36 & Co. Advocates
Oginga Odinga Street, Mtunga House,
P.o Box 30100 – 30100
NAIROBI.
Email: firm36advocates@gmail.com
Mobile No. 0777101010.