Affidavit in Kenya- Everything you need to know

Complete Guide to Affidavits in Kenya 2025: Everything You Need to Know

What is an Affidavit in Kenya?

An affidavit is a formal written statement of fact, declared to be true by the person making it. An affidavit is a formal written statement of fact, declared to be true by the person making it. In Kenya’s legal system, affidavits serve as crucial legal documents that provide sworn testimony about specific facts or circumstances, carrying the same weight as oral testimony given in court.

Affidavits are legally binding documents that must be truthful, as providing false information in an affidavit constitutes perjury under Kenyan law. They are used across various legal, administrative, and commercial processes to establish facts, confirm identities, and provide evidence in legal proceedings.

Legal Framework Governing Affidavits in Kenya

Primary Legislation

Under the Evidence Act (Cap 80), affidavits must be accurate, clear, and prepared in accordance with strict legal requirements. The legal framework for affidavits in Kenya is primarily governed by:

• Evidence Act (Cap 80) – Sets out requirements for affidavits as evidence
• Oaths and Statutory Declarations Act (Cap 15) – Governs the administration of oaths
• Civil Procedure Act and Rules – Regulates use of affidavits in court proceedings
• Registration of Documents Act – Covers registration and authentication requirements

Key Legal Requirements

All affidavits in Kenya must meet specific legal standards to be valid and admissible in court or for official purposes:

• Truthfulness: All statements must be factually accurate
• Personal knowledge: The deponent must have personal knowledge of the facts stated
• Proper format: Must follow prescribed legal formatting requirements
• Sworn before authorized officer: Must be sworn before a commissioner for oaths, magistrate, or notary public
• Proper identification: Deponent must provide valid identification

Types of Affidavits in Kenya

Common Personal Affidavits

Affidavit of Loss

• Used when important documents are lost or destroyed
• Required for replacement of passports, certificates, or other official documents
• Must detail circumstances of loss and efforts made to locate the document

Affidavit of Identity

• Confirms the identity of an individual
• Often required for name changes or corrections in official documents
• Used in inheritance matters and property transactions

Affidavit of Single Status

• Declares that a person is unmarried
• Required for marriage applications and visa processes
• Must be updated within specific timeframes for validity

Affidavit of Relationship

• Establishes family relationships between individuals
• Used for immigration, inheritance, and dependency claims
• Requires detailed information about the relationship and supporting evidence

Business and Commercial Affidavits

Affidavit of Company Directors

• Confirms directors and their authority to act on behalf of a company
• Required for various business transactions and regulatory filings
• Must be updated when directorship changes occur

Affidavit of Financial Standing

• Declares financial status for loan applications or business transactions
• Provides sworn testimony about assets, liabilities, and income
• Often required for tender applications and credit facilities

Affidavit for Tax Matters

• Affidavit for removal of wrong tax obligations on KRA pin.
• Used to correct tax records or challenge tax assessments
• Required for various KRA procedures and tax compliance matters

Legal and Court-Related Affidavits

Affidavit of Service

• (4)The person serving or sending pleadings or notices shall file an affidavit of service and proof of service or dispatch in the prescribed methods within seven days after service or dispatch. (5)The affidavit of service under subregulation (4) shall be in Form D as set out in the Schedule.
• Proves that legal documents have been properly served on parties
• Must include specific details about method, time, and place of service
• Required in most legal proceedings

Affidavit of Evidence

• Presents factual evidence for court consideration
• Used when witnesses cannot appear in person
• Must be based on personal knowledge and experience

Affidavit in Support of Application

• Accompanies various court applications
• Provides sworn facts supporting the application
• Must address all relevant legal requirements for the specific application

Where to Get an Affidavit in Kenya

Authorized Officers Who Can Administer Oaths

Commissioners for Oaths

• The commissioner for oaths, notary public or magistrate swears and issues affidavits in Kenya.
• Licensed legal practitioners authorized to administer oaths
• Most common source for affidavits in Kenya
• Available in most towns and legal offices

Magistrates

• Judicial officers with authority to administer oaths
• Available at magistrate courts across Kenya
• Often used for complex or sensitive affidavits
• May have longer processing times due to court schedules

Notary Public

• Specially appointed officers with broad authority
• Can handle international and complex legal documents
• Often required for documents used abroad
• Higher fees but broader acceptance internationally

Where to Find These Officers

Law Firms and Legal Offices

• Most law firms have commissioners for oaths on staff
• Convenient and professional service
• Often provide guidance on proper affidavit preparation
• May offer package deals for multiple documents

Court Houses

• Magistrate courts have magistrates who can administer oaths
• Official government setting
• May require scheduling appointments
• Often less expensive than private providers

Government Offices

• Some government departments have authorized officers
• Specialized for specific types of affidavits
• May be required for particular government procedures
• Limited to business hours and specific purposes

Cost of Affidavits in Kenya 2025

Standard Pricing Structure

Basic Affidavit Fees

• Notary publics or commissioners for oaths in Kenya will charge a starting price of ksh, 2000 for an affidavit.
• In general an affidavit in Kenya will cost you nothing more than Ksh. 1,000.
• Simple affidavits: KES 500 – 1,000
• Complex affidavits: KES 1,000 – 2,500
• Rush services: Additional 50-100% premium

Factors Affecting Cost

Complexity of the Affidavit

• Simple loss or identity affidavits cost less
• Complex business or legal affidavits cost more
• Multiple-page affidavits incur higher fees
• Technical legal language increases preparation time

Location and Provider

• Urban areas typically charge higher fees
• Rural commissioners may offer lower rates
• Law firms charge premium rates for professional service
• Government offices may offer lower-cost alternatives

Urgency and Timing

• Same-day service commands premium pricing
• Standard processing takes 1-2 business days
• After-hours service significantly increases cost
• Weekend and holiday service may double standard rates

Additional Costs to Consider

Document Preparation

• Legal advice on content and format: KES 1,000 – 3,000
• Professional drafting services: KES 2,000 – 5,000
• Translation services (if required): KES 1,000 – 2,500 per page
• Notarization for international use: KES 3,000 – 7,000

Supporting Documentation

• Photocopying and document preparation: KES 100 – 500
• Passport photos: KES 200 – 500
• Government stamp duty (where applicable): KES 100 – 1,000
• Courier or delivery services: KES 500 – 2,000

How to Prepare an Affidavit in Kenya

Essential Elements of a Valid Affidavit

Header Information

• Title clearly stating “AFFIDAVIT”
• Full name and details of the deponent
• Purpose of the affidavit clearly stated
• Date and place of swearing

Body Content Requirements

• Statements numbered sequentially
• Each paragraph containing a single fact
• Clear, unambiguous language
• Personal knowledge basis clearly indicated
• Relevant dates, places, and circumstances included

Conclusion and Verification

• Statement that contents are true and correct
• Signature of the deponent
• Details of the officer administering the oath
• Official seal or stamp
• Date of swearing and location

Step-by-Step Process

Step 1: Gather Required Information

• Collect all relevant facts and dates
• Obtain supporting documents
• Verify accuracy of all information
• Prepare valid identification documents

Step 2: Draft the Affidavit

• Use clear, factual language
• Organize information logically
• Number each paragraph
• Ensure all required elements are included
• Review for accuracy and completeness

Step 3: Find an Authorized Officer

• Locate nearby commissioner for oaths
• Schedule appointment if required
• Confirm fees and requirements
• Bring all necessary documents and identification

Step 4: Swear the Affidavit

• Present valid identification
• Read through the affidavit carefully
• Swear or affirm that contents are true
• Sign in presence of the authorized officer
• Pay required fees

Step 5: Obtain Certified Copies

• Request certified copies if needed
• Ensure all copies are properly sealed
• Store originals safely
• Use copies for required submissions

Common Uses of Affidavits in Kenya

Immigration and Travel

Visa Applications

• Affidavits of financial support for dependents
• Employment verification affidavits
• Relationship affidavits for family visas
• Educational qualification confirmations

Passport Applications

• Affidavits of loss for lost passports
• Name change affidavits
• Birth certificate corrections
• Parental consent for minor passports

Property and Land Transactions

Land Registration

• Affidavits of ownership and possession
• Boundary dispute resolutions
• Lost title deed affidavits
• Succession and inheritance affidavits

Property Transfers

• Identity confirmation affidavits
• Financial capacity declarations
• Property condition statements
• Third-party consent affidavits

Employment and Business

Job Applications

• Academic qualification confirmations
• Work experience verifications
• Character reference affidavits
• Professional competency declarations

Business Registration

• Director and shareholder affidavits
• Business address confirmations
• Capital contribution declarations
• Regulatory compliance affidavits

Legal Proceedings

Civil Cases

• Evidence presentation affidavits
• Asset disclosure affidavits
• Damage quantification statements
• Witness testimony preservation

Family Law Matters

• Custody and maintenance affidavits
• Domestic violence statements
• Property division declarations
• Child welfare affidavits

Legal Implications and Consequences

Validity and Enforceability

Requirements for Validity

• Must be sworn before authorized officer
• Deponent must have legal capacity
• Content must be within personal knowledge
• Must comply with all formal requirements
• Cannot contain hearsay or opinion (with limited exceptions)

Enforceability in Legal Proceedings

• Carries same weight as oral testimony
• Subject to cross-examination if deponent available
• Can be challenged for accuracy or relevance
• May be excluded if procedurally defective

Consequences of False Affidavits

Criminal Liability

• Perjury charges under Penal Code
• Fines and imprisonment possible
• Criminal record affecting future opportunities
• Potential prosecution even if matter settled civilly

Civil Consequences

• Case dismissal or adverse judgment
• Liability for costs and damages
• Professional disciplinary action
• Reputation and business impact

Administrative Consequences

• Rejection of applications or requests
• Blacklisting from government services
• License revocation or suspension
• Regulatory penalties and sanctions

Best Practices for Affidavits in Kenya

Preparation Guidelines

Accuracy and Truthfulness

• Verify all facts before inclusion
• Use precise dates, amounts, and descriptions
• Distinguish between knowledge and belief
• Correct any errors before swearing
• Seek legal advice for complex matters

Language and Format

• Use clear, simple language
• Avoid legal jargon unless necessary
• Keep sentences short and direct
• Number paragraphs consecutively
• Use consistent formatting throughout

Supporting Documentation

• Attach relevant supporting documents
• Mark and reference attachments clearly
• Ensure copies are clear and legible
• Keep originals for verification if required
• Organize documents logically

Common Mistakes to Avoid

Content Errors

• Including hearsay or secondhand information
• Making statements beyond personal knowledge
• Using vague or ambiguous language
• Omitting crucial dates or details
• Including irrelevant information

Procedural Mistakes

• Not properly identifying the deponent
• Failing to include all required formal elements
• Using expired or invalid identification
• Not having affidavit properly witnessed
• Forgetting to obtain certified copies

Legal Pitfalls

• Making statements that could be defamatory
• Including privileged or confidential information
• Contradicting previous sworn statements
• Exceeding authority or legal standing
• Failing to update information when circumstances change

Digital and Online Services

Electronic Affidavits

Current Status

• Limited acceptance of electronic affidavits
• Most institutions still require physical documents
• Pilot programs in select government departments
• Growing acceptance for certain administrative purposes

Future Developments

• Government digitization initiatives
• Blockchain verification systems
• Electronic signature integration
• Mobile app-based services

Online Preparation Services

Document Preparation Platforms

• Template-based affidavit creation
• Guided interview processes
• Automated formatting and compliance checking
• Integration with printing and delivery services

Verification and Authentication

• Digital identity verification
• Online scheduling with commissioners
• Video conferencing for oath administration
• Electronic record keeping and retrieval

Frequently Asked Questions

How long is an affidavit valid in Kenya?

General Validity Affidavits do not have automatic expiration dates, but their practical validity depends on the purpose and circumstances. For administrative purposes, many institutions require affidavits to be recent (within 3-6 months). For legal proceedings, affidavits remain valid until the matter is concluded, though courts may require updates if circumstances change significantly.

Can I use the same affidavit for multiple purposes?

Single Purpose Principle Each affidavit should be prepared for a specific purpose and audience. While the facts stated may be relevant to multiple situations, it’s generally advisable to prepare separate affidavits tailored to each specific requirement. This ensures compliance with particular institutional requirements and avoids potential complications.

What happens if I need to correct an error in a sworn affidavit?

Correction Procedures Minor clerical errors may be corrected through supplementary affidavits or amendments, depending on the purpose and stage of use. Significant errors typically require preparation of a new affidavit with corrected information. Never attempt to alter a sworn affidavit after it has been signed and sealed, as this can invalidate the document and potentially constitute document tampering.

Can someone else swear an affidavit on my behalf?

Personal Responsibility Affidavits must be sworn by the person with direct knowledge of the facts (the deponent). No one else can swear an affidavit on your behalf. However, in cases where the original deponent is unavailable due to death, incapacity, or other circumstances, courts may accept affidavits from individuals with relevant knowledge, subject to specific legal procedures.

Do I need a lawyer to prepare an affidavit?

Legal Representation While legal representation is not mandatory for simple affidavits, it is highly recommended for complex legal matters, court proceedings, or situations with significant consequences. A lawyer can ensure proper format, appropriate language, legal compliance, and strategic presentation of facts.

Conclusion: Mastering Affidavits in Kenya

Affidavits play a crucial role in Kenya’s legal and administrative systems, serving as sworn testimony that carries significant legal weight. Understanding the proper preparation, requirements, and implications of affidavits is essential for individuals and businesses navigating various legal, administrative, and commercial processes.

Key takeaways for using affidavits effectively in Kenya:

• Always ensure truthfulness – False statements carry serious legal consequences
• Follow proper procedures – Compliance with legal requirements ensures validity
• Seek professional guidance – Complex matters benefit from legal expertise
• Keep accurate records – Maintain copies and supporting documentation
• Stay informed – Legal requirements and procedures may evolve over time

Whether you need an affidavit for personal matters, business transactions, or legal proceedings, proper preparation and professional execution ensure your documents serve their intended purpose effectively while protecting your legal interests.

Remember: When in doubt about affidavit requirements or procedures, consult with a qualified legal practitioner who can provide specific guidance tailored to your situation and ensure compliance with current Kenyan law.What is an affidavit in Kenyan Law

An affidavit in Kenyan legal context refers to commonly refers to a written declaration or statement that is formally sworn or affirmed before an authorized individual who has the capacity to administer an oath and in Kenya that is the commissioner for oaths, notary public or magistrate.

Who can write an affidavit in Kenya?

The commissioner for oaths, notary public or magistrate swears and issues affidavits in Kenya.

How much an affidavit costs in Kenya

Notary publics or commissioners for oaths in Kenya will charge a starting price of ksh, 2000 for an affidavit.

Types of affidavits in Kenya

Company affidavits

Affidavit for lost or damaged share certificate

Affidavit for surrender of shares

Affidavit and form CR7 for change of director Particulars

Affidavit and letter for deregistration of Tax Pin

Affidavit and letter of resignation by a director

affidavit of resignation by a director of a company

Affidavit of resignation of a partner

Marriage Affidavits

Affidavit for change of name after marriage

Affidavit for confirmation of marriage

Affidavit for confirmation of name before marraige

Affidavit of negation to spousal consent

Affidavit of no impediment to marriage

Affidavit of spousal consent

Motor vehicle Affidavits

Affidavit for change of motor vehicle engine

Affidavit for change of phone number NTSA Tims by a company

Affidavit of lost/damaged NTSA Logbook

Affidavit of lost of Damaged Certificate of Insurance

Affidavit for lost or damaged number plate

Other types of Affidavit in Kenya