ATIENO OGOLA BAR LESSONS

LWD
TRANSACTION DOCUMENTS

DEED POLL
 A deed poll is provided for under the Registration of Documents Act, and the same is

specifically provided for under the Registration of Documents (Change of Name)

Regulations.

 The document ought to be signed by the person in both the old and the new name, and it

shall be witnessed by one witness.

 In the case of a minor below (16 years), shall be signed by a parent or a legal guardian,

and one witness.

 In the case of a minor above 16 years, signed by a guardian, the consent shall be endorsed

on the document and witnessed by an advocate.

FURTHER EVIDENCE IN DEED POLLS

Rule 4 of the Regulations provides that the deed poll shall be accompanied by a birth certificate,

statutory declaration as per form 5.

In the case of a minor, married woman, fem sol or a widow, a statutory declaration as per form 6.

WOMEN AND DEED POLLS

 A woman signing a deed poll shall be described in the document as

- A spinster -Widow

- Married woman - fem-sol

A spinster
  Change of name

 Birth certificate

 Statutory declaration (form 5)

Married Woman

 Deed Poll

 Consent of husband signed by an advocate

 Statutory Declaration (form 6)

 Birth certificate

 Marriage certificate

Widow

 Deed poll

 Statutory declaration

 Birth certificate

 Certificate of marriage

 Certificate of death of husband

Fem-sol

 Deed poll

 Statutory Declaration

 Birth certificate

 Certificate of marriage

 Decree absolute or Certificate of divorce.

 POWER OF ATTORNEY

A power of attorney is an instrument authorizing a person to act as the agent or attorney of the

person granting it.

It can either be specific (Executed for a particular purpose), General

In Kenya it is used to allow another person to act in transactions including,

Sale of land,
Registration of intellectual property
Filing of law suits,
Signing off documents or
Opening a bank account

Requirements to make a power of attorney valid

- Full name and address of the donor and the done
- Signed by both the donor and the done and properly executed
- Stamped
- Registered under the the Registration of Documents Act.

AFFIDAVITS
An affidavit is sworn under the Oaths and Statutory Declarations Act by an adult of sound mind.
The functions of an affidavit include,
-As evidence in a court of law
- Confirmation of names, if they differ in documents
- Authorize a person to undertake an activity: eg a parent letting a minor travel to a foreign
country
- On behalf of a company
Types of Affidavits
a) Verifying affidavit
b) Supporting affidavit
c) Replying affidavit
 d) Further affidavit
e) Affidavit o service
f) Affidavit of marriage
g) Affidavit of means

Requirements
Title
Name and address of the deponent
Facts
Jurat (Date and place)
Commissioned
STATUTORY DECLARATIONS
Provided for under the oaths and statutory declarations act. Can also be used in respect to various
legislation such as the Registration of Documents Act.

It is a sworn statement of fact, mostly used outside the court room.

They are often used to make a formal declaration, and any statement of fact when no other
evidence is available.

Statutory declarations are solemn statements.

Function

Change of name
Applying for patenting
Ascertaining the origin of certain goods for marketing
Declaring identity or citizenship where no evidence is available
Couples asserting legal marriage by cohabitation
Declaration of dividends

Distinction Between Affidavits and Statutory Declarations

AFFIDAVITS STATUTORY DECLARATIONS

 Sworn statements under oath/sworn
Civil Procedure Rules
Used in courts
Used when one needs legal documents eg
voter registration
Solemn statements
Oaths and Statutory Declarations Act
Used outside courts
Used for name change, patent request and
serve as evidence

CONTRACTS

Description of parties.

Whereas clause

Definition and interpretation

Terms

Termination

Drawn by

Attestation by parties