Notaries Public Act Cap 17 - as Plain Text by MWakili

LAWS OF KENYA NOTARIES PUBLIC ACT CHAPTER 17 Revised Edition 2012 [1980] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

2012] CAP.

17 Notaries Public CHAPTER 17 NOTARIES PUBLIC ACT ARRANGEMENT OF SECTIONS Section 1.

Short title.

2.

Appointment of advocate as notary public.

3.

Qualifications for appointment.

4.

Notaries public to be enrolled and to take out certificate on appointment and annually.

5.

Revocation of appointments.

6.

Penalty for unlawfully practising.

7.

Power to make rules prescribing fees.

8.

Advocates licensed under previous law.

3 [Issue 1] [Rev.

2012] CAP.

17 Notaries Public CHAPTER 17 NOTARIES PUBLIC ACT [Date of assent: 5th March, 1958.] [Date of commencement: 13th May, 1958.] An Act of Parliament to make provision for the appointment of notaries public, and for matters incidental thereto and connected therewith [L.N.

2/1964.] 1.

Short title This Act may be cited as the Notaries Public Act.

2.

Appointment of advocate as notary public The Chief Justice may, by instrument under his hand, appoint any advocate to perform within Kenya the functions and duties commonly performed by a notary public of the United Kingdom.

3.

Qualifications for appointment 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.

4.

Notaries public to be enrolled and to take out certificate on appointment and annually (1) The Registrar of the High Court, on receiving from the Chief Justice the instrument of appointment mentioned in section 2, and on receiving from the person requiring to be enrolled the prescribed fee, shall enroll the name of such person in a book which shall be kept for that purpose in the office of the Registrar of the High Court, and shall issue to such person a certificate of enrolment which certificate shall authorize him to perform within Kenya the functions and duties of a notary public up to the 31st December next after the date on which such certificate became effective.

(2) The Registrar of the High Court shall at any time, on receipt of the prescribed fee, grant a new certificate to any person whose name shall be on the roll of notaries public, but every certificate granted under this subsection shall expire on the 31st December next after the date on which such certificate became effective.

5.

Revocation of appointments (1) The Chief Justice may revoke the appointment made under section 2 of any person who shall at any time cease for any cause whatsoever to be enrolled as an advocate, or who shall be suspended from practice as an advocate, or who shall be guilty of fraudulent or improper conduct in the discharge of his duties as a notary public, or who shall make any charge or demand any payment for any notarial acts in excess of those prescribed.

5 [Issue 1] CAP.

17 [Rev.

2012] Notaries Public (2) The Chief Justice shall revoke the appointment made under section 2 of any advocate upon the grant to such advocate by Letters Patent of the rank and dignity of Queen's Counsel for Kenya.

(3) The Registrar of the High Court shall remove from the roll of notaries public the name of any advocate or person whose appointment has been revoked in accordance with the provisions of subsection (1) or subsection (2), and the certificate of enrolment in respect of such entry shall be delivered up by such advocate or person to the Registrar, who shall cancel it.

6.

Penalty for unlawfully practising Any person who holds himself out to be a notary public or who receives any fee or reward as a notary public, unless he is enrolled under this Act, and unless he is the holder of a certificate then in force, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings and for a second or subsequent offence to imprisonment for a term not exceeding six months, or to a fine not exceeding two thousand shillings, or to both such fine and such imprisonment.

7.

Power to make rules prescribing fees The Chief Justice may make rules prescribing the fees which shall be paid by a notary public on appointment to practice as such and for the issue of a new certificate, and the fees which may be charged by a notary public in respect of notarial acts.

8.

Advocates licensed under previous law Any advocate who, immediately before the commencement of this Act, was licensed under the Notaries Public Act (now repealed) shall on such commencement be deemed to have been appointed under and for the purposes of this Act.

[Issue 1] 6 [Rev.

2012] CAP.

17 Notaries Public [Subsidiary] CHAPTER 17 NOTARIES PUBLIC ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1.

Notaries Public Rules, 1958.

97 [Issue 1] [Rev.

2012] CAP.

17 Notaries Public [Subsidiary] NOTARIES PUBLIC RULES, 1958 [L.N.219/1958, L.

N.

39/1974, L.N.112/1980, L.N.

190/1983, L.N.212/1986.] RULES UNDER SECTION 71.

These Rules may be cited as the Notaries Public Rules.

2.

The fees which shall be paid by a notary public on appointment to practise as such and for the issue of a new certificate shall be those specified in the First Schedule.

3.

The fees which may be charged by a notary public in respect of notarial acts shall be those specified in the Second Schedule.

FIRST SCHEDULE [Rule 2.] Sh 1.

Fee payable by a notary public on appointment to practise as such.

1,200 2.

Fee payable for the issue of a new certificate in Nairobi and Mombasa.

300 elsewhere.

200 SECOND SCHEDULE PART I MARINE PROTESTS Sh.

1.

For attendance on master and instructions to protest.

60 2.

For noting a marine protest and furnishing one certified copy thereof.

90 Sh.

3.

For filing a request for survey and issuing order of survey.

80 4.

For receiving report of survey, filing originals in archives and furnishing, if required, one certified copy of request, order and report of survey for the first 200 words or part thereof.

140 for each additional 200 words or part thereof.

15 5.

For extending marine protest, filing original and furnishing one certified copy if required (exclusive for any fee for oaths or declarations or for drawing, if required, the body of the protest) for the first 200 words or part thereof.

140 for each additional 200 words or part thereof.

15 6.

For drawing marine protest, per folio.

15 PART II NOTING AND PROTESTING BILLS OF EXCHANGE 7.

For instructions to note bill of exchange and filing one copy thereof.

30 8.

For each attendance of notary's clerk for the purpose of presenting bill of exchange within the town of the notary's practice.

80 9.

In addition, outside the town of the notary's practice, per hour.

60 10.

For notary's endorsement of bill of exchange (under seal) and attaching his clerk's note.

60 9 [Issue 1] CAP.

17 [Rev.

2012] Notaries Public [Subsidiary] SECOND SCHEDULEcontinued Sh.

11.

For issuing notice of dishonour to party dishonouring.

30 12.

And for each additional copy to any other party to the bill of exchange.

15 13.

For drawing and extending protest of bill of exchange by notary under seal including filing one copy thereof (but excluding correspondence in connection therewith) Where the face amount does not exceed Sh.100,000.

120 Where the face amount exceeds Sh.100, 000.

120 and Sh.

10 for each Sh.

20,000 or part thereof in excess of Sh.

100,000 PART III GENERAL Sh.

14.

For each additional copy furnished.

15 15.

For any other protest, filing the original, and furnishing one certified copy if required ( exclusive of any fee for drawing, if required, the body of the protest) for the first 200 words or part thereof.

140 for each additional 200 words or part thereof.

15 16.

For drawing protest, per folio.

15 17.

For administering an oath or receiving a declaration or affirmation without attestation or signature.

30 18.

For administering an oath or receiving a declaration or affirmation with attestation or signature.

40 19.

For each exhibit thereto.

6 20.

For each signature attested by a notary public in any document not otherwise provided for.

40 21.

For certifying to a copy of a document or part of a document for the first 100 words or being a photographic copy, the first page thereof.

60 for every additional 100 words or page thereof.

10 22.

For uniting documents and attaching notary seal to the fastening.

15 23.

For directing search for, or obtaining from, a public record office or elsewhere, extracts from local registers, or copies of wills, deeds or other matters, in addition to the expenses incurred and any fees for attestation.

90 24.

For notarially certifying the execution of any document, preparing, completing and attaching necessary certificate.

200 25.

For affixing notary signature and seal if required to any document not otherwise provided for by this schedule.

50 26.

For each notary public seal affixed to a document, packet or article, when no signature is required.

30 27.

Additional fee for attending to perform any notarial act or acts outside the notary's office in the town of the notary's practice for every quarter-hour or part thereof.

80 28.

Outside the town of the notary's practice, at the sama rate and allowance as an advocate may charge for journey from home.

29.

Writing and perusing letters.

The same fee as that chargeable by an advocate 30.

Any other notarial act not specified above.

50 [Issue 1] 10.