Act and Laws in Kenya

A document the registration of which is compulsory under this Act shall not, unless duly registered, be received as evidence in any transaction affecting the property to which the document relates, except with the consent of the court and upon such terms and conditions as the court may...

The following books shall be kept in both registries— (a) register of documents of which the registration is compulsory; (b) register of documents of which the registration is optional; (c) register of reasons for refusal to register; (d) register of reasons for cancellation of the registration...

On a document being presented for registration the registrar shall give a receipt therefor, and such receipt shall be produced upon any application for the return of the document to which it relates.

In the event of receipt being lost the registrar may deliver the document to which it refers to the owner or his authorized agent upon being satisfied as to the applicant’s right thereto, and he may also require a reasonable indemnity before delivering the document.

Upon receiving for registration any instrument relating to immovable property the registrar may give public notice thereof in such manner with such particulars as the Principal Registrar may from time to time direct.

Any person who may have cause to object to the registration of any document may lodge a protest with the registrar stating the grounds of his objection, and upon receipt of such protest the registrar shall inquire into the matter and either refuse to register or delay the registration for a period...

(1) Every person desiring to register a document shall produce the original document to be registered at the office of the registrar. (2) Subject to the provisions of this Act, the registrar shall register the document by filling a photostatic copy thereof in the register in such manner as the...

At each registry indexes shall be kept of all registered documents in such form and containing such particulars as the Principal Registrar may direct.

A certificate of registration, signed by the registrar, shall be endorsed on every registered document, showing the number of the document in the register and the date of registration.

The day upon which a document is presented for registration shall be deemed to be the date of registration.

On completion of the registration of any document, the registrar shall, on production of the receipt referred to in section 20 or, if the receipt be lost, upon being satisfied as to the applicant’s right and upon taking indemnity as provided in section 21, return the document.

(1) When a document is presented for registration under section 6 the translation shall be filed in the register of documents with the photostatic copy of the original document. (2) The document and the translation shall be treated as one document for the purpose of making copies and endorsement.

The Principal Registrar shall exercise a general superintendence over both registries.

Every registrar may, at his discretion, administer an oath to any person examined by him under this Act

Every registrar refusing to register a document shall make an order of refusal and record his reasons for such order in the book prescribed in section 19 and shall endorse the words “registration refused” on the document and, on application made by any person executing or claiming under the...

Every registrar cancelling the registration of a document shall make an order of cancellation and record his reasons for such order in the book prescribed in section 19 and shall endorse the words “registration cancelled” on the document and, upon the application of any person executing or claiming...

An appeal shall lie against an order of refusal or of cancellation from any registrar to the Principal Registrar, and the Principal Registrar may reverse or alter such order; and if the order of the Principal Registrar directs the document to be registered the registrar shall register it.

(1) When the Principal Registrar— (a) has refused to register a document presented to him for registration or has cancelled the registration of any such document; or (b) has, pursuant to section 34, refused to direct a registrar to register a document or to re-register a document the registration...

The Principal Registrar or any registrar shall not be liable to any suit, claim or demand by reason of anything in good faith done or omitted to be done in his official capacity.

Nothing done in good faith pursuant to this Act or any regulations thereunder by the Principal Registrar or any registrar shall be deemed invalid merely by reason of any defect in his appointment or procedure.

Notwithstanding anything in this Act contained, it shall not be necessary for any officer of the Government to appear in person or by agent at any registry in any proceedings connected with the registration of any document executed by him in his official capacity; but when any document is so...

Any person desiring information may apply in person at the Principal Registry or at the Coast Registry (as the case may require), and, on completion of the prescribed form and on payment of the prescribed fee, may inspect the register relating to the document mentioned in the form.

The Minister may from time to time make regulations for the purpose of regulating any matter or thing to be done under this Act, including the specifying of fees to be levied, and the prescribing of forms to be used, for or in connection with services under this Act, and generally for the better...

This Act may be cited as the Public Trustee Act

In this Act, except where the context otherwise requires— "agent" means an agent of the Public Trustee appointed under section 25(2); "Board" means the Investment Board established under section 5E; "Certificate of Summary Administration" means a certificate issued under section...

The objects of the Act are to provide for— (a) a manager, administrator, executor or trustee; (b) trustee and executor services to the public; and (c) the establishment of the Public Trustee Investment Board for purposes of investment.

Where there is a conflict between any of the provisions of this Act and those of the Law of Succession Act (Cap. 160), the provisions of this Act shall prevail, unless it is expressly provided to the contrary in the Law of Succession Act (Cap. 160).

The Attorney-General may appoint a fit and proper person to be Public Trustee (hereinafter referred to as the Public Trustee), and may also appoint one or more Deputy Public Trustees and one or more Assistant Public Trustees to assist the Public Trustee; and any Deputy or Assistant so appointed...

A person qualifies for appointment as the Public Trustee if the person — (a) has at least fifteen years' experience as a legal practitioner or is a distinguished academic in the legal field; or (b) qualifies to be appointed as a judge.

There is established an office to be known as the Public Trustee which— (a) shall be a body corporate with perpetual succession and a common seal; (b) may acquire, hold and dispose of property; and (c) is capable of suing and being sued in its corporate name.