Affidavits in Kenya

AFFIDAVITS IN KENYA

An affidavit is a written statement of facts made voluntarily by a deponent under oath or affirmation. This declaration is sworn to be true and must be administered by a person authorized by law.

Types of Affidavits in Kenya

Affidavits vary based on their purpose and subject matter. Common types include:

• Affidavit of Proof of Marriage
• Affidavit of Loss of Document
• Affidavit of Change of Particulars
• Affidavit of Paternity/Parentage
• Affidavit of Guardianship
• Affidavit of Resignation as a Director
• Affidavit of Source of Funds
• Affidavit of Single Status
• Affidavits for Change of NTSA/TIMS Particulars
• Affidavit of Proof of Name
• Affidavit of Spousal Consent for Land Transfers

Requirements of an Affidavit in Kenya

To ensure legal validity, an affidavit in Kenya must include:

• Full name, postal address, and ID or passport number of the deponent
• Nationality and citizenship status
• Age confirmation and soundness of mind
• Signature of the deponent
• Consecutively numbered paragraphs
• Statement of knowledge regarding the facts
• Date and signature in the presence of a commissioner for oaths or notary public

How do I obtain an affidavit in Kenya?

The steps to obtain an affidavit are as follows:

1. Drafting: Prepare the affidavit outlining relevant facts.
2. Oath Administration: Take an oath before a commissioner for oaths, notary public, or magistrate.
3. Issuance: The authorized officer swears the affidavit, stamping and executing the document.

Statutory Declarations vs. Affidavits

A statutory declaration is a sworn statement made in a prescribed form before a justice of the peace, notary public, or commissioner of oaths. The key differences are:

• Usage: Statutory declarations are used in extrajudicial matters, while affidavits are typically used in court.
• Nature: Statutory declarations address non-contentious issues, whereas affidavits relate to contentious matters.
• Oath: Statutory declarations are not sworn under oath in court but are commissioned by a commissioner for oaths.

Legal Framework for affidavits in Kenya

Affidavits in Kenya are governed by the Oaths and Statutory Declarations Act, Chapter 15 of the Laws of Kenya. Other relevant laws include the Interpretation and General Provisions Act, Civil Procedure Act, and various acts related to specific industries (e.g.SHIF Act).

Affidavits are typically required for:

• Court applications (plaints, petitions, motions)
• Proof of service in legal proceedings
• Confirming marital status for government transactions
• Changing personal identification information (names, contact details)

Notary public services in Kenya carry the same authority as a commissioner for oaths but are required for documents used outside Kenya, especially in Commonwealth countries. A notary public must have at least five years of legal practice and be registered with the Supreme Court of Kenya.