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.

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.

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

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)

Role of Notary Public while drafting affidavits in Kenya

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.

Procedure for Obtaining 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.

Validity 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

Penalties for False Statements

Making false statements in an affidavit or statutory declaration is a criminal offense in Kenya. Offenders can face up to two years in prison or fines not exceeding Ksh 2,000.

Do You Need an Affidavit in Kenya?

Affidavits are critical for legal and administrative processes in Kenya, including court proceedings, government applications, and business transactions. Understanding the requirements and procedures is essential for validity.

For assistance in drafting or swearing an affidavit in Kenya, contact Silvana & Associates Advocates. The process typically takes 15-30 minutes with all necessary documents.

Contact Us

Email: info@swkadvocates.com
Phone: +254726328555