A. Introduction
What is authentication and legalization of documents?
Authentication and legalization of documents is the process of verification that an original document is indeed legitimate and authentic for use in another country. Authentication of documents in Kenya is done by the Legal and Host Country Affairs Directorate of the Ministry of Foreign Affairs (MFA), while legalization of the authenticated documents is done by the Embassy or Consular of the State where the documents are to be used.
What is an apostille?
Several countries have ratified The Hague Apostille Convention of 1961, which provides for the simplified certification of public (including notarized) documents to be used in countries that have joined the convention. Under this system, upon verification of a document, a single Apostille Certificate is issued by a Competent Authority of the State where the document originates, and the document is entitled to recognition in the country of intended use (provided that the country is part of the convention). No further legalization by the embassy or consulate is required.
Apostille is not applicable in Kenya, since Kenya has not ratified the Apostille Convention.
B. Procedure for Authentication and Legalization of Documents in Kenya.
Step 1: Certification / Notarization
Documents that are normally legalized are such as civil status documents, court orders/judicial decisions, academic certificates, official company documents, etc.
Depending on the nature of the document, the authenticity of each document must be certified by the respective issuing authority. For example:
- Birth/Death Certificates- certification must be obtained from the Ministry of Interior, Civil Department (Registrar of Births/Deaths).
- Educational Certificates - verified by the relevant University and certified and stamped by the Director of Quality Assurance & Standards, at the Ministry of Education.
- Marriage Certificates – certified by the Registrar of Marriages in Kenya.
- Medical Certificate Report – certified by the Kenya Medical & Dentists Practitioners Council (KMPDC).
- Trade Documents (Original/Copy) – certified by Kenya National Chamber of Commerce & Industry or the Joint Arab-Kenya Chamber of Commerce & Industry.
Notarization by Notary Public
Other documents such as Company documents, power of attorneys, deeds, contracts, and last will of testament, etc., are require to be notarized, which involves the affixing of an official Seal of Notary Public and signature, upon confirmation of their authenticity. The document must then be accompanied by a letter from the Registrar of the High Court or Court of Appeal confirming that the notarizing Advocate is recognized in Kenya as a Notary Public and has a valid certificate.
Step 2: Authentication by the Ministry of Foreign Affairs
The certified / notarized documents are thereafter presented to the Legal Department at the Ministry of Foreign Affairs in Nairobi, for verification (this is done at Huduma Centre, City Centre branch). If no anomalies are identified, the foreign affairs officer affixes the seal and signature on each document, and issues a letter of authentication, within 3 – 4 working days.
Step 3: Translation
Before submitting documents in a foreign country or its embassy, it is essential to consider the language requirements of the destination. Depending on the country's regulations, official documents may need to be translated into the native/official language to ensure accurate understanding and compliance. For instance, countries such as China, Japan, and Russia typically require official documents, such as legal or business papers, to be translated into Mandarin, Japanese, and Russian, respectively.
Step 4: Legalization
The authenticated documents (together with original translated copies, if applicable) are then presented to the Embassy or Consulate of the country of intended use. e.g. if the document is required to be used in the US, they will be taken to the US Embassy. This can take approximately 3-5 business days depending on the Embassy procedures.
The final documents must bear the seal of the embassy or consulate as proof of legalization.
How we at CM Advocates LLP can help you:
- Notarization of documents by our professionals at a reasonable fee and obtaining certification from the High Court;
- Obtaining certification of specific documents from relevant government authorities;
- Undertaking the presentation of documents at the Ministry of Foreign Affairs;
- Attending to the translation of documents into English and other foreign languages;
- Attending to the presentation of documents at the embassy or consulate for legalization; and
- Offering advisory on related matters.
For any enquiries on this or any other matter do not hesitate to contact our Corporate Commercial Law practice group through law@cmadvocates.com or book a virtual consultation here https://cmadvocates.com/cm-request-consultation/.
Contact Persons & Contributors
Ivy MBURU (Associate Advocate)-Email: imburu@cmadvocates.com
Wahu WAMBUGU (Immigration Lawyer)-Email: mwambugu@cmadvocates.com
Disclaimer
This article is for informational purposes only and should not be construed as legal advice.