Best Certified True Copies Lawyers in Kenya

About Certified True Copies Law in Kenya

Certified True Copies (CTCs) are copies of original documents that have been verified as exact and complete by an authorized person. In Kenya, a CTC is typically produced by an advocate, a Commissioner for Oaths, or a Notary Public. The certifying officer confirms that the copy is a faithful reproduction of the original and stamps or signs the document accordingly.

CTCs are widely used for official purposes where presenting the original document is impractical or unsafe. Common uses include applications for visas, bank accounts, school admissions, and court filings. The law recognizes certified copies as credible evidence when properly attested by an authorized official.

In practice, a Certified True Copy bears the certifier’s details, the date, and the certifier’s official seal or stamp. It is essential to ensure the certifier is properly registered and authorized to avoid later challenges about authenticity. Always verify the institution you are dealing with accepts CTCs from your chosen certifier.

Why You May Need a Lawyer

• Property transactions requiring verified title records. When selling or mortgaging land, banks and registries often require certified copies of the title deed and parent documents. A lawyer can ensure the copies are properly certified and correctly formatted for submission to the Lands Registry and the lender.
• Immigration or visa applications involving sensitive documents. A visa or residence permit may require certified copies of birth certificates, marriage certificates, and academic transcripts. A lawyer helps confirm the right documents and certifier qualifications to avoid delays.
• Banking and financing processes that demand attested documents. Financial institutions frequently require certified copies of IDs, PIN certificates, and company documents. An attorney can coordinate with a Commissioner for Oaths or Advocate to prepare compliant copies.
• Corporate filings and company registrations. When opening a bank account for a business or filing annual returns, certified copies of directors’ IDs and business documents may be required. A lawyer can verify the documents and manage the certification process.
• Litigation or court filings involving documentary evidence. Courts accept certified copies as evidence if properly attested. A legal professional can prepare the necessary CTCs to support your case and avoid inadmissible evidence.
• Adopting a child or handling sensitive personal records. Adoption or guardianship matters often require certified copies of birth and other documents. An attorney can ensure the copies meet court and agency requirements.

Local Laws Overview

Kenya regulates Certified True Copies primarily through three legal pillars. First, the Evidence Act (Cap 80) governs the admissibility and use of documents in legal proceedings, including the acceptance of certified copies as evidence when properly certified.

Second, the Notaries Public and Commissioners for Oaths Act (Cap 15) sets out who may certify true copies and the proper process for certification. This includes advocates, commissioners for oaths, and notaries public acting within their official capacities.

Third, the Companies Act (the modern Companies Act regime in Kenya) regulates corporate documents that may require certified copies for filings, verification by banks, and regulatory compliance. Institutions often require CTCs of company documents such as constitutions, certificates of incorporation, and directors’ IDs when conducting due diligence.

“Certified copies are admissible in court as true copies under the Evidence Act.”

Source: Judiciary of Kenya

“The Notaries Public and Commissioners for Oaths Act governs who may certify copies in Kenya.”

Source: Kenya Law

Recent practical trends include increasing use of certified copies in financial services and education, and ongoing shifts toward digital records in some institutions. Always verify with the certifier and the institution whether a digital or scanned copy is acceptable, as requirements can vary.

Frequently Asked Questions

What is a certified true copy and how does it differ from a normal copy?

A certified true copy is a reproduction of an original document that a qualified official has verified as an exact copy. A normal copy may not carry certification or official verification, so it might not be accepted by banks, courts, or government agencies.

How do I obtain a certified true copy of my ID in Kenya?

Take the original ID to an advocate, a Commissioner for Oaths, or a Notary Public. They will compare the copy with the original, stamp, and sign it, and provide the certified copy with their details.

Who is authorized to certify true copies in Kenya?

Advocates, Commissioners for Oaths, and Notaries Public are authorized to certify true copies. Ensure the certifier is properly registered and licensed to avoid invalid certs.

Do I need to appear in person to get a certified copy?

Usually yes, you must present the original document in person for comparison. Some certifiers may accept scanned documents for certain types of certification, but in most cases in-person verification is required.

How much does certification cost in Kenya?

Fees vary by certifier and document type. Typical charges range from a modest administrative fee to a small premium for complex documents; confirm costs before proceeding.

How long does it take to obtain a certified copy?

Same-day service is often possible with an in-person visit, but more comprehensive batches or complex documents may take 1-3 working days. Always request an estimated timeline from the certifier.

Do I need a lawyer to obtain certified true copies?

No, you do not strictly need a lawyer, but a lawyer can advise on the correct certifier, ensure documents meet requirements, and avoid delays. For complex transactions, hiring legal counsel is prudent.

What documents should I bring when seeking a certified copy?

Bring the original document, a clear photocopy of the document, and your valid ID or passport. Some certifiers may request additional documents to confirm identity or authority to certify on behalf of a company.

What is the difference between a certified copy and an attested copy?

A certified copy is attested by an authorized official confirming it is a true copy. An attested copy may refer to authentication by a foreign authority or a notary in other jurisdictions; always confirm the local meaning with the certifier.

Can certified copies be used for international purposes such as visa or apostille?

Yes, but some institutions require additional legalization or an apostille. After certifying the copy locally, you may need to obtain legalization at the relevant government office or apostille from the appropriate authority.

Are electronic or scanned certified copies accepted by Kenyan institutions?

Acceptance varies by institution. Banks and government agencies may require original stamped copies; verify with the receiving entity whether an electronic copy is acceptable.

How can I verify that a certified copy is still valid for use?

Check the certifier’s details on the document, including name, registration number, seal or stamp, and date. If in doubt, contact the certifier or the institution requesting the copy for confirmation.

Additional Resources

• Judiciary of Kenya - Official resource for oaths, notaries, and related processes. Link: Judiciary of Kenya
• Kenya Law - Access to acts and legal information including Evidence Act and Notaries Public and Commissioners for Oaths Act. Link: Kenya Law
• Law Society of Kenya - Regulatory body for lawyers and notaries, with guidance on certification practices. Link: Law Society of Kenya

Next Steps

1. Identify the exact documents you need certified copies for and who will receive them. Create a checklist with document types and institutions.
2. Gather originals and clear photocopies, plus valid identification for all signers or directors if dealing with company documents.
3. Choose the right certifier: Advocate, Commissioner for Oaths, or Notary Public. Confirm their authorization and fees in advance.
4. Contact the certifier to confirm required documents, turnaround times, and whether in-person visits are needed. Obtain a written estimate.
5. Visit with originals for verification or arrange an approved alternative if the certifier accepts remote verification. Ensure the certificate is properly stamped and dated.
6. Review the certified copies for accuracy-names, dates, and document numbers must match the originals exactly.
7. Check if the receiving institution requires legalization or an apostille, and follow the appropriate steps if needed.