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Agency Law in Kenya

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Submitted By Orora
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INTRODUCTION
Agency has been defined as a legal relationship that exists between two persons where one called the agent is considered in law to represent the other called the principal in such a way as to affect the principal’s legal position in relation to other parties.
This presentation will explore the below:
• Definition of agency
• Creation of agency
• Effects of contracts made by agents
• Rights and duties between principal and agent
• Termination of agency
DEFINITION OF AGENCY
An agent is a person employed to do any act for another or to represent another in dealings with third persons. Cap 23 Laws of Kenya is the law that governs Agency law in Kenya. The law of agency is based on the common law rules developed by English courts and rulings made by other courts in the Commonwealth. On March 14th 1978, Kenya adopted the convention on the law applicable to agency.
In Timmins (Town) v Brewers' Warehousing Co. Ltd (1962) Schroeder, J.A. stated, inter alia, that "the outstanding feature of an agent's employment in a legal sense is that he is employed primarily to bring about business relations between the principal and third persons, and this characteristic is perhaps the most distinctive mark of the agent as contrasted with others not agents who act in representative capacities".
The law of agency prescribes the legal rules for determining- (a) How a person may become an agent; (b) The rights and duties between the agent and the principal; (c) The relations between the agent and the third party; and (d) The manner in which the relationship between the agent and the principal may be brought to an end.
It should be noted that the relations between the principal and the third party are governed by the ordinary principles of the law of contract.
In agency law we have 3 parties:
1. The Principal – person who owns the goods or who hires or

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