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EXECUTION UNDER THE RTA

The RTA is silent on execution.  In practice, however, both or all parties to a transaction sign the instrument.  In some cases, only one signature is required e.g. discharge of charge where the borrower has repaid all the monies due and the property is no longer encumbered.  Here, the signature of the borrower is not required.  The same argument goes for a transfer and only the seller’s signature is necessary.

ATTESTATION UNDER THE RTA

When it comes to attestation, the RTA contains specific instructions
  1. Under the RTA the state guarantees title; The state is saying that as far as your rights are concerned, your interests are safeguarded and the state is liable if there is an error in the register, the register is valid and that there are no mistakes and on that basis you are being guaranteed that what you are seeing is valid.  When you suffer loss because of an erroneous entry in the register, the state is liable and therefore has to ensure that the instruments are properly done.   Because the State has that interest, it has to make sure that those documents that will be registered must be witnessed by credible persons.  Parliament has appointed credible persons and for purposes of witnessing

The following officers are authorised to witness signing
Judge or Magistrate
Registrar of Titles
Notary Public
Advocate
Justice of the Peace
Registrar of Deputy Registrar of the High Court
Administrative Officer (e.g. D.O., D.C. etc)

Documents executed in the United Kingdom and Common Wealth

They can be executed by a
Judge or Magistrate
Notary Public
Commissioner for Oaths
Mayor or Recorder or Chief Officer of any City or Municipal Corporation.
For documents executed in Uganda and Tanzania:

Attestation is by persons authorised to witness documents executed in the UK and Commonwealth with the addition of an administrative officer.

For documents executed in any other place:
This can be executed by a Kenya Consular officer, consular agent or pro-consul or acting consular officer, consular agent or pro-consul, exercising his function in that place.  You could also have any other person specially appointed by the President in that behalf.

ATTESTATION UNDER THE RTA

Attestation is not required for documents executed by the President in his official capacity this is under the RTA Section 58(3).

Attestation is also not required for documents executed under the Common Seal of a Company within the meaning of the Companies Act (Cap 486) and the RTA Section 58(3).  Note that if a company under the RTA is signing a Charge then one of the witnesses must still be an Advocate.

In the case of a charge, if the chargee is to exercise its statutory power of sale, one of the witnesses must be an advocate ITPA Section 69(a)

 
 
 

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