CHAPTER 17 THE NOTARIES PUBLIC ACT 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 1. This Act may be cited as the Notaries Public Act. 2. 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. 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. (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. (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 m 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. (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the High Court shall remove from the roll of notaries public the name of any advocate or person whose appointment has been revoked in accordance with the provisions of subsection (1) or subsection (2), and the certificate of enrolment in respect of such entry shall be delivered up by such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. 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

3 of 1958.

Short title.

Appointment of advocate as notary public.

Qualifications for appointment.

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

Revocation of appointments.

Penalty for unlawfully practising.

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. 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. 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.
Power to make rules prescribing fees.

Advocates licensed under previous law. Cap. (1948).

SUBSIDIARY LEGISLATION Rules under section 7 THE NOTARIES PUBLIC RULES 1. 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

(r. 2) 600 00 150 00 100 00

Fee payable by a notary public on appointment to practise as such ... ... ... ... Fee payable for the issue of a new certificate in Nairobi and Mombasa elsewhere ...........................

SECOND SCHEDULE

(r. 3)

PART IMARINE PROTESTS 1. For attendance on master and instructions to protest ... ... ... ... ... ... ..................... 00 2. For noting a marine protest and furnishing one certified copy if required ... ... ... 3. For filing a request for survey and issuing order of survey ... ... ... ... ... 40 00 4. For receiving report of survey, filing original in archives, and furnishing, if required, one certified copy of request, order and report of survey for the first 200 words or part thereof ... for each additional 200 words or part thereof 5. For extending marine protest, filing original and furnishing one certified copy if required (exclusive of any fee for oaths or declaration or for drawing, if required, the body of the protest) the first 200 words or part thereof ... for each additional 200 words or part thereof 6. For drawing marine protest, per folio ... ... 9 00 70 00 45 00 Sh. Cts 30

70 00 9 00 9 00

PART IINOTING AND PROTESTING BILLS OF EXCHANGE

7. For instructions to note bill of exchange and Sh cts filing one copy thereof ... ... ... ... ........................ 15 00 8. For each attendance of notary's clerk for the purpose of presenting bill of exchange within the town of the notary's practice ... ... 9. In addition, outside the town of the notary's practice, per hour ... ... ... ... 10. For notary's endorsement of bill of exchange (under seal) and attaching his clerk's note ... 11. For issuing notice of dishonour to party dishonouring ... ... ... ... ... 12. And for each additional copy to any other party to the bill of exchange ... ... ... 13. For drawing and extending protest of bill of exchange by notary under seal including filing one copy thereof ... ... ... ... 40 00 Sh. cts 30 00 30 00 15 00

8 00

60 00

PART IIIGENERAL
Sh. Cts

14. For each additional copy furnished ...

...

8 00

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) 70 00 for the first 200 words or part thereof ... 9 00 for each additional 200 words or part thereof 9 00 16. For drawing protest, per folio ... ... ...

17. For administering an oath or receiving a declaration or affirmation without attestation or signature ... ... ... ... ... 18. For administering an oath or receiving a declaration or 'affirmation with attestation of signature .../ ... ... ... ... ... 19. For each exhibit thereto ... ... ...

15 00

20 00 3 00

20. For each signature attested by a notary public in any document not otherwise provided for 20 00 21. For certifying to a copy of a document or part of a document for the first 100 words or, being a 30 00 photographic copy, the whole document ... ... 5 00 for every additional 100 words or part thereof 22. For uniting documents and attaching notary seal 8 00 to the fastening ... ... ... ... 23. For directing search for, or obtaining, from a public record office or elsewhere, extracts from local registers, or copies of wills, or other matters, in addition to the expenses incurred and any fees for attestation ... 24. For notarially certifying the execution of any document, preparing completing and attaching necessary certificate ... ... ...

45 00 70 00

25. For affixing notary signature and seal if required to any document not otherwise provided for by this Schedule , ... ... 26. For each notary public seal fixed to a document,

Sh. cts 25 00

packet or article, required ... ... .

when

no

signature

is

15 00

27. Additional fees toy 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 ... ... ... 28. Outside we town of the notary's practice, at the same rate and allowance as an advocate may charge for journey from home. 29. Any other notarial act not specified above

40 00

25 00