Affidavit of proof of names in Kenya

Affidavit of proof of names in Kenya

In Kenya, an affidavit of proof of names, also referred to as an affidavit of discrepancy in names, or affidavits of names, is a legal document sworn by an individual to confirm discrepancies in names across various official documents. This affidavit is commonly needed to resolve inconsistencies that may appear in key identification documents such as:

• Birth Certificates
• National Identity Card
• Passport
• Academic Certificates
• Educational Certificates
• Property Titles and other important documents

Name discrepancies can arise from various circumstances, such as typographical errors, use of different names or spellings over time, or changes following marriage or adoption. These inconsistencies can lead to challenges, especially when applying for marriage registration, official documentation, or in various legal and formal situations.

Why You May Need an Affidavit of Proof of Names in Kenya

A discrepancy in names can create significant hurdles in processes requiring identification verification. For example, when applying for:

• Marriage Registration: Marriage registration in Kenya requires consistent identification across all documents to avoid complications during the registration process.
• Visa and Passport Applications: Consistency in name across identification documents is essential for international travel, making affidavits crucial for anyone applying for or renewing a passport with name variations.
• Banking and Financial Services: Banks and financial institutions require uniformity in name identification for security reasons. An affidavit of proof of names can help verify the identity of individuals with multiple name variations.
• Property Ownership and Transfer: Discrepancies in names on property titles or deeds can hinder the transfer or sale of property. The affidavit ensures there is a documented explanation for any variation in names, facilitating property-related transactions.
• Employment Applications and Academic Registrations: When discrepancies exist on academic or professional certificates, an affidavit of proof of names can resolve questions about an individual’s identity during employment verification.

Requirements for Obtaining an Affidavit of Proof of Names in Kenya

To obtain an affidavit of proof of names in Kenya, you will need the following:

1. Documents with Name Discrepancies: Carry all documents with the differing names to support your affidavit.
2. National Identity Card (ID): This is required to verify your identity and citizenship.
3. Full Name and Postal Address of the Affiant: The affidavit must include the full name and address of the person swearing to the facts of the affidavit.
4. Explanation of the Discrepancies: A clear reason for the discrepancies should be stated. For instance, a person might have changed their name after marriage or started using a different name for cultural reasons.

Steps to Prepare an Affidavit of Proof of Names in Kenya

Preparing an affidavit of proof of names in Kenya involves a few key steps:

1. Consult a Lawyer or Commissioner for Oaths: Consulting a lawyer ensures it meets legal standards and addresses all requirements specific to Kenya.
2. The lawyer will draft the Affidavit: The affidavit should detail the documents in which the name discrepancies appear, the nature of the discrepancies, and the reason behind them. Ensure the affidavit clearly states your legal name and each variation in other documents.
3. Sign the Affidavit: After drafting, the affiant (person swearing the affidavit) must sign it, affirming the information’s accuracy.
4. Commissioning of the document: The affidavit must be signed by a Commissioner for Oaths or a Notary Public. This step validates the affidavit, making it a legally recognized document in Kenya.

Where to Use an Affidavit of Proof of Names in Kenya

After commissioning, the affidavit of proof of names is ready for submission in various official settings. Some common uses include:

• Government Agencies: Presenting the affidavit to national government offices for purposes such as marriage registration or tax documentation.
• Banks and Financial Institutions: Submitting it to banks for opening accounts or applying for loans when name discrepancies are identified.
• Educational Institutions and Employers: Providing it to schools, universities, and employers to verify your identity when there are name differences on academic or employment documents.
• Immigration and Passport Applications: Required by immigration offices in cases where name consistency is necessary for identification and verification purposes.

Why It’s Important to Resolve Name Discrepancies

Failing to address name discrepancies in official documents can lead to delays or rejections in applications for essential services and documentation. It may also complicate legal matters, such as property ownership disputes, or hinder international travel due to identity verification issues. An affidavit of proof of names in Kenya serves as an effective, legally accepted way to clarify and confirm identity, thus preventing potential legal issues.

Get Help with Your Affidavit of Proof of Names

Our team can assist you in drafting and commissioning the affidavit, ensuring it meets the necessary standards. Contact us at info@swkadvocates.com to start the process.