Notary Public in Kenya

Who is a notary public?

A Notary Public is an Advocate who is appointed to perform within Kenya the functions and duties commonly performed by a notary public of the United Kingdom. The main function is the certification and authentication of documents so that they can be relied on by contracting parties, public authorities, and others abroad.

The law governing Notary Public

The appointment and practice by Notaries Public is governed by the Notaries Public Act, Cap 17 Laws of Kenya and the Notaries Public Rules 1958.

 To become a Notary Public in Kenya, an individual must be a practicing Advocate (lawyer) with a minimum of five years of legal practice in Kenya and hold a valid practicing certificate; essentially, they need to be a qualified lawyer with at least five years of experience to be eligible for a Notary Public appointment.

Key considerations for qualification:

 
Key points about Notary Public qualifications in Kenya:

Section 3 of the Notaries Public Act provides that “No advocate shall be appointed under this Act unless he has practised as an advocate in Kenya for not less than five years immediately preceding his application to be appointed as a notary public.”

 
Must be an Advocate:
Only practicing lawyers (Advocates) can become Notaries Public in Kenya.

Five years of practice:
An Advocate must have practiced law in Kenya for at least five years before applying for a Notary Public position.

Valid practicing certificate:
The individual needs to hold a current and valid practicing certificate as an Advocate.

The Application process:
To become a Notary Public, an eligible Advocate needs to make an application by Submitting duplicate applications and six (6) concurrent Practising Certificates to the Registrar. Currently, the application is submitted and processed exclusively online via the Judiciary Advocates Management System (JAMS). 

The documents uploaded include:

1. Petition addressed to the Chief Justice confirming that the Applicant has at least 5 years of practice
2. Statutory Declaration on fitness for appointment
3. Certificates by 2 advocates accompanied by copies of their Practicing Certificates

Upon appointment, the Advocate signs the Roll of Notaries Public and is issued with a Certificate of Enrolment as a Notary Public which expires on the 31st of December in the year it is issued. Subsequently, the Notary Public must renew their appointment on an annual basis.