Powers of Attorney · 25 July 2026

Powers of Attorney as an Estate Planning Tool in Kenya

The difference between general, specific and enduring Powers of Attorney, what authority each grants, and when they take effect or come to an end.

A Power of Attorney is a legal instrument through which one person authorises another to act on their behalf. It may authorise the management of property, operation of bank accounts, execution of documents or completion of a particular transaction.

A Power of Attorney does not transfer ownership of the donor’s assets to the appointed person. It only gives that person authority to perform the specified acts on the donor’s behalf.

Key Parties and Terms

Donor or Principal

The donor is the person granting the authority. The donor must have the mental capacity to understand the nature and effect of the Power of Attorney when it is executed.

Donee or Attorney

The donee is the person appointed to act on behalf of the donor. Despite being referred to as an “attorney”, the appointed person does not have to be an advocate.

The donee must act honestly, within the authority granted and, in the donor’s, best interests. The donee should also maintain proper records and avoid conflicts between their interests and those of the donor.

Types of Powers of Attorney

General Power of Attorney

A General Power of Attorney grants broad authority to manage several aspects of the donor’s affairs. It may cover property management, banking, investments, business interests and execution of documents.

Because of the extensive authority granted, a General Power of Attorney should only be given to a person whom the donor trusts completely.

Specific Power of Attorney

A Specific Power of Attorney is limited to a particular asset, transaction or responsibility. It may, for example, authorise the donee to:

Sell or transfer a specified property;
Operate a particular bank account;
Sign documents relating to a share transfer;
Collect rent from a particular property;
Represent the donor in specified legal proceedings; or
Complete a transaction while the donor is outside Kenya.

The authority ordinarily ends once the specified act has been completed or the stated period expires.

Execution and Registration

A Power of Attorney should clearly identify:

The donor and the donee;
The powers being granted;
The property or transactions covered;
Any restrictions on the donee’s authority;
The duration of the appointment; and
The circumstances in which the authority will terminate.

The instrument must be properly signed, witnessed and stamped. Where the Power of Attorney relates to dealings in land, it must also comply with the Land Registration Act and applicable regulations and be registered or filed at the relevant land registry.

A General Power of Attorney relating to land is registered using the prescribed general form, while a Specific Power of Attorney is registered using the prescribed specific form. Powers of Attorney executed outside Kenya may require notarisation, authentication or other formalities before they can be used locally.

Banks, companies and other institutions may also require certified copies, additional mandates or compliance with their internal procedures before accepting the Power of Attorney.

Safeguards Against Abuse

A Power of Attorney grants another person significant authority and should therefore contain appropriate safeguards. These may include:

Limiting the authority to specified assets or transactions;
Providing a clear expiry date;
Prohibiting gifts, loans or transfers to the donee unless expressly authorised;
Requiring the donee to maintain accounts and supporting records;
Requiring the approval of another person for high-value transactions;
Appointing two attorneys to act jointly for important decisions; and
Periodically reviewing whether the appointment remains necessary.

Revocation and Termination

A donor who retains mental capacity may revoke a Power of Attorney by executing a written revocation and notifying the donee and any institutions relying on it. Where the Power of Attorney was registered, the revocation should also be registered.

An ordinary Power of Attorney may terminate upon:

Revocation by the donor;
Expiry of its stated duration;
Completion of the specified transaction; or
Death of the donor.

A Power of Attorney cannot be granted after the donor has already lost the mental capacity to understand it. Where a person becomes mentally incapable of managing their affairs, an application for the appointment of a guardian and manager may be required under the Mental Health Act.

Advantages

Allows important affairs to be managed when the donor is travelling, unavailable, physically unwell or otherwise unable to act personally;
May be drafted broadly or limited to a specific asset or transaction;
Allows a trusted person to complete urgent transactions on the donor’s behalf;
May be particularly useful for Kenyans living or travelling outside the country.

Disadvantages

Creates a risk of fraud, abuse or mismanagement by a dishonest or careless donee;
Does not transfer beneficial ownership or determine who will inherit the donor’s assets;
An ordinary Power of Attorney does not provide a permanent solution for mental incapacity;
Terminates upon the donor’s death and is not a substitute for a Will or Family Trust;
Some institutions may refuse to accept an old, broadly drafted or insufficiently authenticated Power of Attorney;
Certain transactions require registration, stamping or additional consents; and

How We Can Assist

A Power of Attorney should be tailored to the donor’s circumstances and the precise authority required. Giving powers that are unnecessarily broad may expose the donor and their assets to avoidable risk.

Contact us at info@africalegacyfiduciary.com for assistance in preparing or reviewing a Power of Attorney suited to your personal, property or business needs.

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