Sunday, March 19, 2023

DRAFTING A SPECIAL POWER OF ATTORNEY

 

  

DATED AT NAIROBI THIS                           DAY OF                                    2030 

XXXXXXXXXXXXXXXXXX

To
XXXXXXXXXXXXXXXXXXXXXX

 

SPECIAL POWER OF ATTORNEY


BY THIS SPECIAL POWER OF ATTORNEY given on the                           day of                                 2003.  I, XXXXXXXXXXXXX of Post Office Box Number 3210 - 00100 Nairobi in the Republic of Kenya HEREBY APPOINT XXXXXXXXXXXXXXX of Post Office Box Number 73178 - 00200 Nairobi in the Republic of Kenya to be my Attorney to act for me in every respect as fully and effectually as I could act in person concerning all my present and future affairs and all my present and future acts over all that piece of land known as Plot Number KRC 43 - KAHAWA WEST PHASE II which I place in the unfettered control and discretion of my said Attorney with authority to bind me in relation to the said property in any manner whatsoever including (but without prejudice to the generality of the foregoing authority) power to sell, lease or otherwise acquire and to sell, convey, let or otherwise dispose of and create mortgages of and charge on it of every description, and to invest any money received from the sale and/or lease or mortgage of the said property.

AND I HEREBY DECLARE THAT:
1.            I, purposely refrain from further particularizing the description of my affairs and my property, rights and interests and the powers conferred on the Attorney over plot Number KRC 43 - KAHAWA WEST PHASE II lest by doing so I should be deemed to limit the intended operation of this instrument as a full Special Power of Attorney.

2.            This Power of Attorney shall continue in force until notice of my death or of revocation hereof be actually received by the said Attorney or his substitutes for the time being acting in the exercise of the powers hereby conferred over Plot Number KRC 43 -KAHAWA WEST PHASE II.

3.            I hereby ratify and confirm and promise at all time to allow, ratify and confirm all and whatsoever my Attorney shall lawfully do or cause to be done in and about Plot Number KRC 43 - KAHAWA WEST PHASE II aforesaid by virtue hereof including anything which shall be done between the revocation of this instrument by my death or in any other manner and notice of such revocation reaching my Attorney and that as against me and persons claiming under everything which my Attorney shall lawfully do or cause to be done in pursuance of Plot Number KRC 43 – KAHAWA WEST PHASE II after such revocation as aforesaid shall be valid and effectual in favour of any person claiming the benefit thereof and acting in good faith who before the doing thereof shall not have had express notice of such revocation and I hereby agree to indemnify my Attorney against all costs, charges, expenses and losses, which my Attorney may incur in the lawful execution of the powers hereby conferred any dealing on Plot Number KRC 43 – KAHAWA WEST PHASE II upon my Attorney and I hereby covenant with my Attorney that after I am deceased my personal representatives shall ratify and confirm all acts and things lawfully done or caused to be done by virtue of this instrument by my Attorney between the date of my death and the receipt by my Attorney a notice thereof.

4.            The exercise by me in person from time to time of any of the powers conferred on my Attorney shall not of itself be deemed to be a revocation of this Special Power of Attorney.

IN WITNESS WHEREOF I have hereunto set my hand this                         day of                                        2003.

SIGNED and DELIVERED by      )
XXXXXXXXXXXXXXXXXX     )
In the presence of:                   )
                                                )
                                                )
                                                )

HALF-BAKED GRADUATES: WHO IS TO BLAME?

 

“We are sorry we can’t take you in, we need graduates who can deliver”. This is the last statement that any graduate dreads to hear when he/she attends a job interview. Employers and the corporate world in the recent past have raised concern over the kind of graduates that are released into the job market. Their worry has been, despite these graduates having admirable academic achievements, the lack of the ability to deliver in their areas of profession. Therefore, this begs the question; whom do we blame for the existence of half-baked graduates in the job market today?

One of the major causes of this crisis is the current curriculum in our institutions of higher learning. Even in purely technical subjects like engineering, lecturers heavily dwell on the theoretical rather than the practical aspect which is vital especially in the corporate world.  “I wish we could be taught more on how to do it than be taught in theory since I still feel that I am not ready for
the media world out there. I can’t even distinguish between the types of
microphones because I haven’t interacted with them,” says Edwin, a finalist in the School of Information Sciences. Most courses offered usually require practical application in the field but most students end up spending the four years cramming huge chunks of notes. These students soon
graduate with a lot of theory in their minds.

Another reason is the age-old practice, common with most institutions of higher learning in Kenya – studying to pass exams. This is a notion that has been passed from one generation to another. Unfortunately, its effects are manifested in the job market with the existence of half-baked graduates.

“I only study to pass my exams. Any time you find me in the library, the exams are around the corner or I am studying for a CAT,” says Eugene, a sociology student. Many students, unlike old folks, have taken studying and doing personal research as a backdrop.

Using information from the internet and plagiarizing it into their take-away assignments and term papers has become the order of the day. Students no longer study to gain knowledge but rather, to pass exams and forget whatever they had studied as soon as they leave the exam room. This has
affected the performance of these students once they are absorbed into the job market.

Lastly, you will agree with me that the overstretched infrastructure especially in the public universities has negated the quality of education being offered in these institutions of higher learning. An example is Moi University where students have to carry their room chairs to class. To add salt to injury, the introduction of the double intake programme has congested universities. Students are forced to stand outside lecture halls during a class due to lack of space.

James, a B.A student questions “How do you expect me to perform when most of the time I find the class overcrowded so that I have to learn from outside?” In view this compromises the quality of education. Employees who are incompetent in their areas of study are produced.
We can play the blame game on the existence of half-baked graduates in the job market today but one fact stands out; we need to change the curriculum and education system.
Moreover, we need to change our mind sets if we are to end this half-baked graduate syndrome.

Disclaimer: Unknown Author



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