Affidavit of Proof of Marriage in Kenya

Affidavit of proof of marriage in Kenya

In Kenya, an affidavit of proof of marriage is a crucial legal document that formally confirms the existence of a marital relationship between two individuals. It is commonly used in various entities such as Social Health Insurance Fund (SHIF) applications, property transfers, inheritance claims, and other situations where proof of a legally recognized marriage is necessary. 

What is an Affidavit of Proof of Marriage in Kenya?

An affidavit of proof of marriage in Kenya is a sworn statement made under oath before a Commissioner for Oaths or a Notary Public. It serves as a legal declaration confirming that a valid marriage exists between two individuals. This affidavit typically includes specific details such as:

• The full names of both parties
• The date and place of the marriage
• The type of marriage (whether civil, religious, or customary)
• If you have any children (issues)
• Date of cohabitation

It is important to note that while the affidavit of proof of marriage serves as strong evidence of a marriage, it does not replace a marriage certificate, which is the formal document issued by the Registrar of Marriages or a religious authority. Remember all marriages in Kenya including customary marriages should be registered by the Registrar of Marriages. 

Why Is an Affidavit of Proof of Marriage in Kenya Required?

The affidavit of proof of marriage is required in numerous situations where legal proof of marriage is necessary but the marriage certificate may not be readily available or recognized. Below are a few scenarios where such an affidavit may be necessary:

1. SHIF Registration: When adding a spouse as a dependent on the Social Health Insurance Fund (SHIF), proof of marriage is required. If a marriage certificate is unavailable or cannot be obtained immediately, an affidavit of proof of marriage can serve as a legal alternative.

2. Inheritance Claims: In cases of intestacy (when someone dies without leaving a valid will), proof of marriage is often required to determine inheritance rights. The affidavit of proof of marriage helps confirm the surviving spouse’s entitlement to the deceased’s estate under the Law of Succession Act.

3. Property Transfers: In situations where a property is jointly owned or is being transferred between spouses, proof of the marital relationship may be required to facilitate the legal process. The affidavit can simplify this process, especially in customary marriages where formal documentation may not always exist.

4. Visa and Immigration Applications: When applying for visas or residency permits for a spouse, certain embassies or immigration offices may require proof of marriage. An affidavit, particularly for customary marriages, can supplement a marriage certificate or serve as a primary proof where official records are unavailable.

5. Legitimacy of Children: In some cases, an affidavit of proof of marriage may be used to establish the legitimacy of children born during the marriage, especially in situations where other documentation may be insufficient.

How to Obtain an Affidavit of Proof of Marriage in Kenya

The process of obtaining an affidavit of proof of marriage is relatively straightforward, but it is essential to follow the correct legal procedures to ensure its validity.

1. Engage a Legal Professional

   The first step in obtaining the affidavit is to consult a lawyer, commissioner for oaths, or a notary public. These legal professionals are authorized to draft and notarize the affidavit. The document should be detailed, including all relevant information about the marriage, and it must be properly formatted according to legal standards in Kenya.

2. Prepare the Required Information

   Before drafting the affidavit, you will need to gather key details about the marriage. This typically includes:

   • Full legal names of both spouses
   • Date and location of the marriage ceremony
   • Witnesses to the marriage (if any)
   • Type of marriage (civil, religious, or customary)

   This information will form the basis of the affidavit, and accuracy is crucial to avoid any issues later when submitting it to relevant authorities.

3. Swearing the Affidavit

   Once the affidavit has been prepared, both parties (or one party, depending on the circumstances) must swear the document before a Commissioner for Oaths or Notary Public. Swearing the affidavit means that you are attesting under oath that the contents of the document are true and accurate to the best of your knowledge.

4. Submit the Affidavit to the Relevant Authority

   After swearing the affidavit, it must be submitted to the appropriate authority, depending on the purpose for which it is being used. For example:

   • For SHIF registration, the affidavit should be submitted at any SHIF office along with the required supporting documents.
   • For inheritance claims, the affidavit would typically be filed with the court or the office handling succession matters.
   • For property transfers, it would be submitted as part of the documentation needed for processing the legal transfer of assets.

Documents Required to Support the Affidavit

While the affidavit itself is a key document, you will also need to provide additional supporting documents. These may include:

• National Identity Cards (IDs): Both parties must provide copies of their Kenyan national IDs to verify their identities.
• Passports: For international purposes such as visa applications, a passport may be required instead of or in addition to the ID.
• Marriage Certificate: Where available, a copy of the marriage certificate should be provided to further strengthen the affidavit’s claim.

Do you require an affidavit of proof of marriage in Kenya?

If you require an affidavit of proof of marriage in Kenya, please visit our offices with your National ID’s. It takes approximately 15-30 minutes. 

Please contact us on info@swkadvocates.com