Section 11Part 0 —
Proceedings for misconduct
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The appointment of a notary public may be revoked or suspended by the Cabinet where —
the notary public is convicted of an offence punishable with imprisonment or is found guilty of any act that constitutes misconduct, whether in that person's capacity as a notary public or otherwise;
the notary public contravenes the provisions in section 10;
the notary public has failed to file with the Clerk a notice in accordance with section 14.
Where the appointment of a notary public is revoked or suspended, the Attorney General shall direct the Clerk to endorse a notation of such suspension in the register or remove the name of the notary public from the register, as the case may be.
Any court before which a notary public is convicted of an offence punishable with imprisonment or before which the notary public is found guilty under subsection (1) shall make a report of such conviction or finding to the Attorney General who shall in turn advise the Cabinet.
Where any person makes a complaint on oath charging a notary public with misconduct in that person's capacity as notary public, the Attorney General shall enquire into the facts and report the Attorney General's findings to the Cabinet, and where the Cabinet is of the opinion that the notary public's acts constitute misconduct, the Cabinet may suspend or revoke the notary public's appointment and direct the Clerk to endorse a notation of such suspension or to remove that person's name from the register, as the case may be.
Every complaint charging a notary public with misconduct shall be made to the Attorney General and shall contain a statement of the material facts on which the person complaining relies.
Notwithstanding subsections (l) to (4), the Cabinet may revoke the appointment of any notary public where it is of the opinion that the notary public is unfit, incapable or incompetent to carry out the duties of the office.
Where a notary public's appointment has been suspended or revoked, the Clerk shall cause notice of such fact to be published in the Gazette and by official notice on the relevant Government websites.
A notary public who is aggrieved by a decision of the Cabinet made under this section may appeal therefrom to a Judge in Chambers in the manner and within the time prescribed by law or by the rules made, from time to time, by the Court relating to appeals in civil matters.
Cross References
- Section 14 of Notaries Public Act
Duty to inform Clerk
Referenced By
- Section 6 — Register of notaries public
Proceedings for misconduct