Act and Laws in Kenya

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Section 108 of Stamp Duty Act CAP 480: Penalty for enrolling, etc., instrument not duly stamped

If any person, whose office it is to enrol, register or enter in or upon any rolls, books or records any instrument chargeable with duty, enrols, registers or enters any such instrument not being duly stamped, he shall be guilty of an offence and liable to a fine not exceeding five hundred...

Section 109 of Stamp Duty Act CAP 480: Responsibility for loss of or damage to instrument

(1) If any instrument sent to a collector under subsection (3) of section 19 is lost, destroyed or damaged during transmission, the person sending it shall not be liable for the loss, destruction or damage. (2) When any instrument is about to be sent, the person from whose possession it came into...

Section 110 of Stamp Duty Act CAP 480: Collector may administer oaths

A Collector may administer any oath or affirmation which may be necessary for the purposes of this Act.

Section 111 of Stamp Duty Act CAP 480: Penalty for not drawing full number of bills or marine policies purporting to be in sets

Any person drawing or executing a bill of exchange or a policy of marine insurance purporting to be drawn or executed in a set of two or more and not at the same time drawing or executing, on paper duly stamped, the whole number of bills or policies of which the bill or policy purports the set to...

Section 112 of Stamp Duty Act CAP 480: Penalty for postdating bills and for other devices to defraud the revenue

Any person who - (a) with intent to defraud the Government of duty, draws, makes or issues a bill of exchange or promissory note, bearing a date subsequent to that on which the bill or note is actually drawn or made; or (b) knowing that the bill or note has been so post-dated, endorses, transfers...

Section 113 of Stamp Duty Act CAP 480: Penalty for frauds in relation to stamp duties

(1) Any person who practises or is concerned in any fraudulent act, contrivance or device, not specially provided for by any written law, with intent to defraud the Government of any stamp duty or penalty shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or...

Section 114 of Stamp Duty Act CAP 480: Liability in the case of corporate bodies and firms

(1) Where any obligation or liability is under the provisions of this Act imposed upon a corporate body and the obligation or liability is not discharged, every director, manager, secretary and other officer of the corporate body who is wilfully a party to the default, and the corporate body, shall...

Section 115 of Stamp Duty Act CAP 480: Search

(1) If it appears to a magistrate upon the oath of any person that there is reason to believe that there are or may be upon or in the possession or under the control of any person, or on any premises, any books of account or other instruments whatsoever of which any of the contents may tend to show...

Section 116 of Stamp Duty Act CAP 480: Power to reward informers

The Senior Collector of Stamp Duties may reward any person who informs a collector of an offence under this Act or assists in the recovery of any fine or penalty, but a reward exceeding ten thousand shillings shall not be paid in any case without the consent of the Treasury.

Section 117 of Stamp Duty Act CAP 480: Exemptions from stamp duty

(1) There shall be exempt from stamp duty under this Act— (a) an instrument executed by or on behalf of or in favour of the Government in any case in which, but for this exemption, the Government would be liable to pay the duty; (b) a bill of exchange, cheque or promissory note drawn or made in...

Section 118 of Stamp Duty Act CAP 480: Expenses

There shall be defrayed out of moneys provided by Parliament administrative expenses incurred by the Cabinet Secretary or by any other Cabinet Secretary under this Act.

Section 119 of Stamp Duty Act CAP 480: Regulations

The Cabinet Secretary may make regulations as may appear to him to be necessary or expedient for the proper carrying out of the intent and provisions of this Act, and, without prejudice to the generality of the foregoing, may make regulations respecting— (a) the supply and sale of stamps and...

Section 119A of Stamp Duty Act CAP 480: Power to amend Schedule

(1) The Cabinet Secretary may, by order published in the Gazette, amend the Schedule. (2) Every order made under this section shall be laid before the National Assembly without unreasonable delay, and, if a resolution is passed by the Assembly within twenty days on which it next sits after the...

Section 1 of Registration of Documents Act CAP 285: Short title

This Act may be cited as the Registration of Documents Act

Section 2 of Registration of Documents Act CAP 285: Interpretation

In this Act, except where the context otherwise requires— “book” includes a portion of a book, and also any number of sheets connected together with a view to forming a book or portion of a book; “endorsement” and “endorsed” include and apply to an entry in writing by a registering officer on a...

Section 3 of Registration of Documents Act CAP 285: Registries

A registry shall be kept at Nairobi for the whole of Kenya except the Coast Province, and shall be known as the Principal Registry, and another registry shall be kept at Mombasa for the Coast Province only, and shall be known as the Coast Registry.

Section 4 of Registration of Documents Act CAP 285: Documents to be registered

All documents conferring, or purporting to confer, declare, limit or extinguish any right, title or interest, whether vested or contingent to, in or over immovable property (other than such documents as may be of a testamentary nature) and vakallas shall be registered as hereinafter...

Section 5 of Registration of Documents Act CAP 285: Other documents may be registered

Any other document may be registered, at the option of the person holding the same: Provided that a registrar may refuse to register any such document, for reasons to be stated by him in writing.

Section 6 of Registration of Documents Act CAP 285: As to documents not written in specified languages

If any document duly presented for registration is not written in English, Arabic, Kiswahili or Gujerati, or such other language as may from time to time be prescribed, either generally or locally, the registrar may refuse to register the same unless it is accompanied by a true translation in...

Section 7 of Registration of Documents Act CAP 285: When registrar may refuse to register

(1) The registrar may refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signature or initials such interlineation, blank, erasure or alteration. (2) If he registers such...

Section 8 of Registration of Documents Act CAP 285: Property must be identified

No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of the property sufficient to identify the same.

Section 9 of Registration of Documents Act CAP 285: Document to be registered within two months of execution

Every document the registration whereof is compulsory shall be registered within two months after its execution, and if executed outside Kenya it shall be registered within two months after its arrival in Kenya.

Section 10 of Registration of Documents Act CAP 285: Penalties for non-registration

If any such document is not registered within the time prescribed, the person in whose favour the document is made, or his successor in title, shall be liable to the payment of a fine not exceeding ten times the prescribed registration fee on the document in question, with a maximum of one thousand...

Section 11 of Registration of Documents Act CAP 285: Registry at which document to be registered

(1) Any document relating to immovable property situate in a place other than the Coast Province shall be registrable only in the Principal Registry, and any document relating to immovable property situate in the Coast Province shall be registrable only in the Coast Registry: Provided that if any...

Section 12 of Registration of Documents Act CAP 285: Person to present document

Every document presented for registration shall be presented by the party executing or claiming an interest under it or his agent or attorney duly appointed, or by the representative or assign of such person.

Section 13 of Registration of Documents Act CAP 285: Registrar to satisfy himself as to genuineness

The registrar shall take such steps to satisfy himself as to the identity of the person presenting a document for registration, and of the right of such person to appear, as he may deem necessary or desirable, and shall inquire whether or not such document was executed by the person by whom it...

Section 14 of Registration of Documents Act CAP 285: When Registrar must register

If all the persons executing the document shall appear personally before the registrar and satisfy him that they are the persons they represent themselves to be, and if they all admit the execution of the document, or, in the case of any person appearing by his representative, assign or agent, such...

Section 15 of Registration of Documents Act CAP 285: When Registrar may refuse to register

If any of the persons by whom the document purports to be executed denies its execution, or if any such person appears to the registrar to be a minor, an idiot or a lunatic, or if the person by whom the document purports to be executed is dead and his representative or assign denies its execution,...

Section 16 of Registration of Documents Act CAP 285: Power to cancel registration

If the registration of any document has been obtained by fraud, mistake or misrepresentation, or the document is forged, or the document or the execution thereof is contrary to law, the registration of such document shall be forthwith cancelled by the registrar.

Section 17 of Registration of Documents Act CAP 285: Registrar may procure issue of summons to compel attendance of witness

If any person presenting a document for registration desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registrar may call upon a subordinate court of the first or second class having jurisdiction, or the High Court, to issue a...