Notaries Public Act

LAWS OF KENYA
THE NOTARIES PUBLIC ACT
CAP. 17
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Notaries Public Act
Cap. 17
Legislation as at 26 April 2024
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Share widely and freely.

Notaries Public Act (Cap. 17)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Appointment of advocate as notary public ........................................................................................................................................... 1
3. Qualifications for appointment .................................................................................................................................................................. 1
4. Notaries public to be enrolled and to take out certificate on appointment and annually ................................................... 1
5. Revocation of appointments ....................................................................................................................................................................... 1
6. Penalty for unlawfully practising .............................................................................................................................................................. 2
7.

................................................................................................................................................. 2
7.

Power to make rules prescribing fees ..................................................................................................................................................... 2
8. Advocates licensed under previous law ................................................................................................................................................. 2

aw ................................................................................................................................................. 2

Notaries Public Act (Cap. 17) Kenya
NOTARIES PUBLIC ACT
CAP. 17
Assented to on 5 March 1958
Commenced on 13 May 1958 by Notaries Public Act Commencement
[Amended by Kenya (Amendment of Laws) (Written Laws)
Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
[Amended by The Statute Law (Miscellaneous Amendments) Act, 2024 (Act No. 3 of 2024) on 26 April 2024]
An Act of Parliament to make provision for the appointment of notaries public, and for matters
incidental thereto and connected therewith
1. Short title
This Act may be cited as the Notaries Public Act. 2. Appointment of advocate as notary public
The Chief Justice may, by instrument under his hand, appoint any advocate to perform within Kenya the
functions and duties commonly performed by a notary public of the United Kingdom. 3. Qualifications for appointment
No advocate shall be appointed under this Act unless he has practised as an advocate in Kenya for not less
than five years immediately preceding his application to be appointed as a notary public. 4.

ess he has practised as an advocate in Kenya for not less
than five years immediately preceding his application to be appointed as a notary public. 4.

Notaries public to be enrolled and to take out certificate on appointment and annually
(1) The Chief Registrar of the Judiciary, on receiving from the Chief Justice the instrument of
appointment mentioned in section 2, and on receiving from the person requiring to be enrolled the
prescribed fee, shall enroll the name of such person in a book which shall be kept for that purpose
in the office of the Chief Registrar of the Judiciary, and shall issue to such person a certificate of
enrolment which certificate shall authorize him to perform within Kenya the functions and duties
of a notary public up to the 31st December next after the date on which such certificate became
effective. (2) The Chief Registrar of the Judiciary shall at any time, on receipt of the prescribed fee, grant a new
certificate to any person whose name shall be on the roll of notaries public, but every certificate
granted under this subsection shall expire on the 31st December next after the date on which such
certificate became effective. [Act No. 3 of 2024, Sch.]
5.

d under this subsection shall expire on the 31st December next after the date on which such
certificate became effective. [Act No. 3 of 2024, Sch.]
5.

Revocation of appointments
(1) The Chief Justice may revoke the appointment made under section 2 of any person who shall at any
time cease for any cause whatsoever to be enrolled as an advocate, or who shall be suspended from
practice as an advocate, or who shall be guilty of fraudulent or improper conduct in the discharge of
his duties as a notary public, or who shall make any charge or demand any payment for any notarial
acts in excess of those prescribed. (2) The Chief Justice shall revoke the appointment made under section 2 of any advocate upon the
grant to such advocate by Letters Patent of the rank and dignity of Queen's Counsel for Kenya. 1

intment made under section 2 of any advocate upon the
grant to such advocate by Letters Patent of the rank and dignity of Queen's Counsel for Kenya. 1

Notaries Public Act (Cap. 17) Kenya
(3) The Chief Registrar of the Judiciary shall remove from the roll of notaries public the name of any
advocate or person whose appointment has been revoked in accordance with the provisions of
subsection (1) or subsection (2), and the certificate of enrolment in respect of such entry shall be
delivered up by such advocate or person to the Registrar, who shall cancel it. [Act No. 3 of 2024, Sch.]
6. Penalty for unlawfully practising
Any person who holds himself out to be a notary public or who receives any fee or reward as a notary
public, unless he is enrolled under this Act, and unless he is the holder of a certificate then in force,
shall be guilty of an offence and liable to a fine not exceeding one thousand shillings and for a second or
subsequent offence to imprisonment for a term not exceeding six months, or to a fine not exceeding two
thousand shillings, or to both such fine and such imprisonment. 7.

to imprisonment for a term not exceeding six months, or to a fine not exceeding two
thousand shillings, or to both such fine and such imprisonment. 7.

Power to make rules prescribing fees
The Chief Justice may make rules prescribing the fees which shall be paid by a notary public on
appointment to practice as such and for the issue of a new certificate, and the fees which may be charged
by a notary public in respect of notarial acts. 8. Advocates licensed under previous law
Any advocate who, immediately before the commencement of this Act, was licensed under the Notaries
Public Act (now repealed) shall on such commencement be deemed to have been appointed under and for
the purposes of this Act. 2