Reviewed and updated: 8 September 2026

Author: Okenyo Omwansa & Co. Advocates
Legal practice: Notarial Services, Corporate & Commercial Law, Real Estate and Cross-Border Legal Support
Location: Westlands, Nairobi, Kenya

Notarizing Documents in Kenya A Practical Guide

Legal information notice: This article provides general information about notarization in Kenya. The correct procedure depends on the document, the transaction and the authority receiving it. Where a document has significant legal, property, commercial or international consequences, obtain advice on the specific document before signing it.

Quick Answer: How Do You Notarize a Document in Kenya?

To notarize a document in Kenya, take the document and valid identification to a properly appointed and currently enrolled Notary Public.

The Notary Public will carry out the required notarial act. Depending on the document, this may include witnessing a signature, certifying a copy or completing a notarial certificate.

If you plan to use the document outside Kenya, you may need more steps after notarization. These can include authentication, legalization, translation or other verification.

The Judiciary of Kenya maintains the Roll of Notaries Public. It also processes applications for Notary Public appointments and renewals and authenticates documents signed by Notaries Public.

In simple terms:

Prepare the document → confirm the recipient’s requirements → visit a Notary Public → complete the notarial act → obtain authentication or legalization if required.

What Is Notarization in Kenya?

Notarization is a formal legal act performed by a Notary Public.

Kenya’s Notaries Public Act gives the Chief Justice power to appoint advocates to perform notarial functions. An advocate must have practised in Kenya for at least five years before applying for appointment as a Notary Public.

The Judiciary describes the main role of a Kenyan Notary Public as the certification and authentication of documents so that contracting parties, public authorities and others abroad can rely on them.

Notarization may involve:

witnessing a signature;
certifying a copy;
verifying the execution of a document;
preparing a notarial certificate;
signing and sealing a document; or
performing another authorized notarial act.

The exact procedure depends on the document.

Important distinction

Notarization does not automatically make the underlying document legally valid.

For example, notarizing a contract does not cure an illegal term. It also does not replace legal requirements for a property transaction, company document, power of attorney or other legal instrument.

The notary performs the relevant notarial act. The underlying document must still comply with the law that governs it.

Who Can Act as a Notary Public in Kenya?

Not every Kenyan advocate is a Notary Public.

The Notaries Public Act, Cap. 17 requires an advocate to receive an appointment, become enrolled as a Notary Public and hold a certificate that remains in force. The certificate expires at the end of the relevant year and requires annual renewal.

The Judiciary also warns that a person who presents themselves as a Notary Public without the required enrolment and current certificate commits an offence.

What should you verify?

Before instructing a notary, verify that the advocate:

is an advocate;
is a Notary Public;
holds a current Notary Public certificate; and
can perform the particular notarial act your recipient requires.

The Judiciary provides systems for verification of advocates’ credentials and manages the Roll of Notaries Public.

Notary Public vs Commissioner for Oaths in Kenya

This is one of the most important distinctions when preparing a legal document.

A Notary Public and a Commissioner for Oaths do not have identical roles.

Notary Public	Commissioner for Oaths
Appointed under the Notaries Public Act	Appointed under the Oaths and Statutory Declarations Act
Performs notarial functions	Administers oaths and takes affidavits and declarations
Can perform notarial certification and authentication functions	Primarily handles oaths, affidavits and statutory declarations
Often relevant to documents intended for use abroad	Commonly used for Kenyan court and legal proceedings
Must hold a current Notary Public certificate	Must hold a valid commission

Under section 4 of the Oaths and Statutory Declarations Act, a Commissioner for Oaths may administer oaths and take affidavits for Kenyan courts and other matters covered by the Act.

Which one do you need?

The answer depends on the document.

If an institution asks for a notarized document, use a Notary Public.

If you need an affidavit or statutory declaration, a Commissioner for Oaths may be the appropriate officer.

If the document will go abroad, ask the receiving authority what it requires before signing the document.

What Documents Usually Need Notarization in Kenya?

There is no single list that requires notarization for every situation.

Instead, the requirement usually comes from the transaction, the receiving institution or the law that applies to the document.

Common examples include:

1. Powers of Attorney

A Power of Attorney may require notarization, especially when someone gives another person authority to act on their behalf in an international transaction.

This can arise in:

property transactions;
banking matters;
business transactions;
estate matters; and
cross-border transactions.

2. Property Documents

Some property transactions may require notarized documents.

The exact requirement depends on the transaction and the authority involved.

For property-specific guidance, see our article on Property Transfer Deeds.

3. Affidavits and Declarations

Affidavits and statutory declarations involve formal statements made under oath or declaration.

The correct officer depends on the purpose and the receiving authority.

4. Commercial Documents

Companies and businesses may need notarized documents for:

overseas transactions;
foreign counterparties;
banking requirements;
corporate powers of attorney;
international tenders; and
other cross-border transactions.

5. Certified Copies

A foreign institution may request a certified or notarized copy of:

a passport;
national ID;
academic certificate;
company document;
professional certificate;
licence;
birth certificate; or
another official record.

Always confirm the exact wording used by the receiving institution.

A request for a certified copy does not necessarily mean the institution requires a notarized copy.

6. Academic Certificates for International Employment

People applying for jobs or professional opportunities abroad may need certified documents.

The receiving employer, regulator or immigration authority may specify the required form of certification.

Our related guide covers Academic Certificates in more detail.

What Do You Need to Bring to a Notary Public?

Before your appointment, prepare the following:

Your identification

Bring a valid identification document, such as:

Kenyan National ID;
passport; or
another identification document accepted for the transaction.

The original document

Bring the original document when the notary needs to inspect it.

The final document

Use the correct final version of the document.

Do not sign it in advance if the receiving authority or Notary Public requires you to sign in the notary’s presence.

Supporting documents

You may also need:

company documents;
certificates;
previous agreements;
property documents;
board resolutions;
powers of attorney;
identification documents for other parties; or
instructions from the receiving authority.

The recipient’s instructions

This is especially important for international documents.

Bring any instructions from:

a foreign lawyer;
embassy;
employer;
university;
bank;
government agency;
court; or
other receiving institution.

The wording of those instructions can determine the entire authentication process.

How to Notarize a Document in Kenya: Step-by-Step

Step 1: Confirm the Requirement

First, establish what the recipient actually wants.

You may need:

a normal copy;
a certified copy;
an affidavit;
a statutory declaration;
notarization;
authentication;
legalization; or
another form of verification.

This first step can prevent unnecessary costs and delays.

Step 2: Find a Properly Appointed Notary Public

Choose an advocate who holds current Notary Public credentials.

The Judiciary manages the Roll of Notaries Public and the annual renewal process.

For a transaction with legal consequences, consider using a law firm that can also review the underlying document.

That can be useful when the document involves property, business, family matters, estates or significant financial rights.

Step 3: Prepare Your Documents

Before the appointment, check:

names;
identification numbers;
dates;
addresses;
signatures;
company details;
property details; and
any other information in the document.

Correct mistakes before execution.

If you sign the wrong version, you may need to repeat the process.

Step 4: Attend Before the Notary Public

The notary will review the document and carry out the required notarial act.

The notary may need to:

verify your identity;
witness execution;
certify a copy;
complete a certificate; or
apply a signature and seal.

The exact process depends on the document.

Step 5: Execute the Document Correctly

Follow the Notary Public’s instructions.

If the document must be signed before the notary, sign it during the appointment.

Do not assume that every document has the same execution requirements.

Step 6: Obtain the Notarial Document

Once the notarial act is complete, retain the original and any certified copies safely.

If another party needs the document, confirm whether they require:

the original;
a certified copy;
a scanned copy; or
an authenticated copy.

Step 7: Check Whether Authentication Is Required

This step matters when the document will be used outside Kenya.

The Judiciary states that, from 1 December 2024, applications for letters of authentication of notarized documents must be submitted and processed through the Judiciary Advocates Management System (JAMS). The Notary Public uploads the notarized document, and the Judiciary reviews the request.

Only Notaries Public with current annual renewal certificates can access this authentication service.

Therefore:

Notarization ≠ authentication.

They are separate steps.

Does a Kenyan Notarized Document Need Legalization for Use Abroad?

It may.

The answer depends on:

the country where the document will be used;
the institution receiving it;
the type of document; and
that country’s rules for foreign documents.

A common process can look like this:

Document preparation → notarization → Kenyan authentication → foreign legalization → submission

However, do not treat that sequence as universal.

The receiving authority may require a different process.

Does Kenya Use Apostille?

Kenya is not currently listed as a contracting party to the 1961 Hague Apostille Convention.

The HCCH’s current status table lists 130 contracting parties as of its 30 June 2026 update, and Kenya does not appear in the list.

Therefore, a Kenyan document should not be treated as eligible for a Hague apostille simply because another country accepts apostilles.

For a Kenyan document intended for use abroad, check the requirements of the receiving country.

Why does this matter?

Suppose a foreign institution tells you:

“Submit an apostilled document.”

Do not assume that you can obtain an apostille in Kenya.

Instead, confirm the alternative process accepted for Kenyan documents.

Depending on the country, you may need notarization, Kenyan authentication, embassy or consular legalization, or another prescribed procedure.

How Much Does Notarization Cost in Kenya?

The cost depends on the notarial act and the circumstances.

Factors can include:

type of document;
number of documents;
number of signatures;
certification required;
drafting work;
attendance outside the office;
authentication;
translation;
legalization; and
other transaction expenses.

The Notaries Public Act gives the Chief Justice power to prescribe fees for notarial acts.

The Notaries Public Rules also contain a schedule of fees for specified notarial services. However, the published schedule is old and should not be used as a simple modern flat-price guide for every transaction.

What should you do?

Ask the Notary Public for a quotation based on your specific document.

This approach is more reliable than relying on a generic online price range.

Can a Notary Public Travel to You?

A Notary Public may perform a notarial act outside the office where the applicable rules and circumstances allow it.

The Notaries Public Rules provide for additional charges when a notary attends outside the notary’s office. They also address attendance outside the town of practice.

If you cannot travel to the law firm’s office, ask whether an off-site appointment is available.

Important

“Mobile notary” is not a substitute for proper professional status.

The person performing the act must still have the legal authority to act as a Notary Public.

Can You Notarize a Document Online in Kenya?

Be careful with this question.

Kenya has introduced online systems for parts of the notarial and authentication workflow. However, online processing of authentication does not mean that every document can be notarized remotely without appearing before a Notary Public.

The Judiciary’s current procedure allows the Notary Public to upload notarized documents through JAMS when the client needs authentication.

That is different from saying that Kenya has a general remote-online-notarization system for every document.

Before using an online service, ask:

Who will receive the document?
Where will it be used?
Does the recipient accept remote execution?
Must you appear before the Notary Public?
Does the document need authentication?
Does the destination country require legalization?

These questions matter most for international documents.

Where Can I Notarize a Document in Kenya?

You can arrange notarization through a properly appointed Notary Public.

In Nairobi, clients can also seek notarial services from law firms that have a Notary Public within their practice.

Okenyo Omwansa & Co. Advocates operates from The Mirage, Tower 2, Mezzanine 2, Suite 8, Waiyaki Way, Westlands, Nairobi.

The firm provides legal services across areas including corporate and commercial law, real estate, family law, immigration and succession.

For notarial enquiries, visit the firm’s official contact page.

How do you choose a Notary Public?

Before you proceed, verify:

current Notary Public status;
advocate status;
the type of notarial service required;
whether the recipient needs authentication;
whether the document will be used abroad;
total fees; and
any additional costs.

The Judiciary provides information on Notary Public appointments, annual renewal and authentication.

Notarization for Foreign Use: What You Should Know

Foreign-use documents need extra care.

Consider a Kenyan business owner who needs to send a Power of Attorney to a lawyer in another country.

The correct process may involve several stages.

Stage 1: Prepare the document

The document should meet the requirements of the receiving authority.

Stage 2: Notarize it

A properly appointed Notary Public performs the required notarial act.

Stage 3: Authenticate it

If required, the notarial document can go through the Judiciary’s authentication process. The Judiciary currently processes these requests through JAMS.

Stage 4: Legalize it

If the destination country requires legalization, complete the process required by that country.

Stage 5: Submit it

Finally, provide the document to the foreign authority or institution.

The key lesson

Do not assume that a notarial stamp alone makes a Kenyan document acceptable overseas.

Always check the receiving country’s requirements.

Common Notarization Mistakes in Kenya

Mistake 1: Confusing a Notary Public with a Commissioner for Oaths

They have different legal functions.

Mistake 2: Signing the document too early

Some documents require execution in the presence of the Notary Public.

Mistake 3: Using an outdated document

Check every name, date, number and clause before signing.

Mistake 4: Ignoring foreign-use requirements

Notarization may only be the first step.

Mistake 5: Assuming Kenya issues apostilles

Kenya is not currently a contracting party to the Hague Apostille Convention.

Mistake 6: Choosing an unverified notary

A person cannot lawfully hold themselves out as a Notary Public without the required enrolment and current certificate.

Mistake 7: Using a generic online price

The cost depends on the document and the services required.

Mistake 8: Assuming notarization validates the entire document

Notarization does not replace the law governing the underlying transaction.

Notarization Checklist

Use this checklist before your appointment.

Document

Original document
Final version
Correct names and dates
Supporting documents
Required copies

Identification

National ID
Passport where required
Other accepted identification

Signing

Confirm whether you must sign before the notary
Confirm whether witnesses are required
Do not sign early unless instructed

Foreign use

Confirm the receiving country
Confirm the receiving institution
Confirm whether notarization is required
Check authentication requirements
Check legalization requirements
Check translation requirements

Cost

Notarial fee
Authentication cost, if applicable
Legalization cost, if applicable
Translation cost, if applicable
Travel or off-site attendance cost, if applicable

Frequently Asked Questions

What is a Notary Public in Kenya?

A Notary Public is an advocate appointed under the Notaries Public Act to perform notarial functions. The advocate must meet the statutory qualification requirements, become enrolled and hold a current certificate.

Is every advocate in Kenya a Notary Public?

No.

Notary Public status requires a separate appointment and enrolment. The advocate must also maintain a current certificate.

What is the difference between a Notary Public and a Commissioner for Oaths?

A Notary Public performs notarial functions. A Commissioner for Oaths administers oaths and takes affidavits and statutory declarations under the Oaths and Statutory Declarations Act.

Can a Commissioner for Oaths notarize a document?

Do not assume so.

If the receiving authority specifically asks for a notarized document, use a properly appointed Notary Public.

Can a Notary Public certify a copy of my passport?

A Notary Public may perform certification or another notarial act where appropriate. However, the receiving institution decides what form of certification it accepts.

Can I notarize a document for use outside Kenya?

Yes, where the document and receiving authority require notarization.

However, foreign use may also require authentication, legalization or another verification process.

Does Kenya issue apostilles?

Kenya is not currently listed as a contracting party to the Hague Apostille Convention.

Therefore, do not assume that a Kenyan document can receive a Hague apostille.

How much does a notary charge in Kenya?

The cost depends on the notarial act, document and additional services. Ask the Notary Public for a quotation for your specific transaction.

Can a notary come to my home or office?

Off-site attendance may be possible. The Notaries Public Rules provide for additional charges for certain attendance outside the notary’s office.

Can I notarize a document online?

Do not assume that every Kenyan document can undergo remote online notarization.

The Judiciary does provide an online JAMS process for authentication of documents that have already been notarized.

Does notarization make a contract legally binding?

No, not by itself.

Notarization concerns the notarial act. The underlying contract must still comply with the law governing the transaction.

Need a Notary Public in Nairobi?

If you need a document notarized, the safest starting point is to identify what the receiving authority actually requires.

At Okenyo Omwansa & Co. Advocates, clients can obtain legal guidance on documents that may require notarization, certification or further authentication.

This can be especially useful when the document relates to:

property;
business transactions;
powers of attorney;
international transactions;
immigration;
family matters;
succession; or
other significant legal rights.

Contact Okenyo Omwansa & Co. Advocates for assistance with your specific document and its intended use.

About the Legal Sources Used

This article relies primarily on Kenya’s primary legal and judicial sources, rather than generic legal blogs.

The main sources are:

Notaries Public Act, Cap. 17 — appointment, qualification, enrolment and practice of Notaries Public.
Oaths and Statutory Declarations Act, Cap. 15 — appointment and powers of Commissioners for Oaths.
The Notaries Public Rules — rules and prescribed fee schedule for notarial practice.
Judiciary of Kenya — Advocates Section — current information on Notaries Public, annual renewal, JAMS and authentication of notarized documents.
HCCH Apostille Convention Status Table — current contracting-party status.

Last reviewed: 8 September 2026.

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