Provisions
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Any officer or servant of a public body having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times perm…
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 shillings…
(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 th…
A Collector may administer any oath or affirmation which may be necessary for the purposes of this Act.
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 co…
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 or…
(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 t…
(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…
(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…
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.
(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 Ugan…
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.
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 stamped…
(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 order…
This Act may be cited as the Registration of Documents Act
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 ride…
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.
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 prescribed: Prov…
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.
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 Englis…
(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 docume…
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.
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.
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…
(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 do…
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.
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 purpo…
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…
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, o…
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.