DRAFTING A SPECIAL POWER OF ATTORNEY

 

  

DATED AT NAIROBI THIS                           DAY OF                                    2030 

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To

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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      )

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In the presence of:                   )

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