Power of Attorney (POA) is a formal instrument by which one person empowers another to represent him or act on his behalf for specific purposes. The power may be limited and may refer to particular/specific acts, or it may be unlimited and general in its form.
Requirements
1. The full names and addresses of the donor (the person giving the POA) and the appointed Attorney must be stated in the POA.
2. The POA must be executed per the requirements of the law. The donor must sign it, and the signature must be witnessed by an individual who is not a party to the power of Attorney. If the donor/grantor is a corporate entity, the power must be executed under Seal.
3. Powers of Attorney (POA) must be stamped (payment of stamp duty) and registered in Kenya in the Register of Powers of Attorney under the Registration of Documents Act.
4. A power of Attorney can be given to a company, i.e., a company can be appointed as an attorney and requisite powers donated to it.
5. Several persons may appoint the same attorney/s jointly or separately, and several parties may join in one power appointing an attorney for their joint or separate purposes.
6. If a company has issued the POA, a copy of the Memorandum and Articles of Association of the company and a company resolution authorizing the POA must be presented
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