An Irrevocable Power of Attorney (Form LRA 7) is a binding legal instrument used in Kenya to grant permanent, non-cancellable authority to another person (the attorney or donee) to act on behalf of a property owner (the donor) in relation to their registered land. This jurisdiction-specific document is prescribed under the Land Registration Act and the Land Registration (General) Regulations, 2017, specifically Rule 19. Unlike ordinary powers of attorney that can be revoked at will, this form creates an irrevocable delegation of authority that cannot be withdrawn by the donor, making it particularly significant and legally enforceable even against the donor's subsequent wishes.
This form is intended for property owners, developers, lenders, financial institutions, investors, executors, trustees, and parties entering into complex land transactions where irrevocable authority is required as part of a contractual arrangement. It is particularly relevant in secured lending transactions, property development agreements, joint ventures, sale agreements with deferred completion, debt settlement arrangements, or situations where the donee has provided valuable consideration in exchange for the irrevocable power and needs absolute assurance that the authority cannot be withdrawn. The irrevocable nature makes this a powerful legal tool typically used in commercial transactions rather than casual delegation of authority.
The Irrevocable Power of Attorney has a critical distinguishing feature: it must state the consideration received by the donor from the donee in exchange for granting the irrevocable power. This consideration, which could be money, property, services, debt forgiveness, or other valuable benefit, forms the legal basis for making the power irrevocable. The donor must acknowledge receipt of this consideration in the document, creating a contractual foundation that prevents revocation. Without proper consideration, the irrevocable nature of the power may be challenged.
The form requires comprehensive details from both parties including the specific title number, names, registration numbers if applicable, postal addresses, addresses for service, telephone numbers, email addresses, identification or passport numbers, and PIN numbers. Both donor and donee must attach passport-size colored photographs. The document grants general powers allowing the attorney to do anything the donor could do regarding the property, including executing instruments, conducting transactions, signing documents, and performing all acts necessary to exercise the delegated authority.
Execution requires strict formalities. Both parties must sign and seal the document as a deed in the presence of witnesses, with each party's signature verified through a Certificate of Verification by an advocate or authorized officer confirming voluntary execution and understanding of the document's binding nature. Once registered in the Register of Powers of Attorney with an official registration number and Land Registrar's authentication, the Irrevocable Power of Attorney becomes permanently effective within Kenya's land registration system, providing the donee with unassailable authority that survives even the donor's change of mind or circumstances.