How to Obtain an Affidavit of Service in Kenya: Legal Requirements and Process
Serving legal documents is a key part of court cases in Kenya. But it’s not enough to just deliver the papers. You must prove the service happened. This is where an affidavit of service comes in.
Muthii Associates helps many clients with proper service of legal documents. Let’s walk through the process of getting an affidavit of service in Kenya.
What is an Affidavit of Service?
An affidavit of service is a sworn statement. It proves that legal papers were given to the right person. This document is very important in Kenyan court cases.
The person who delivers the papers must swear to these facts:
- When the papers were delivered
- Where the papers were delivered
- Who received the papers
- How the papers were delivered
Without this proof, a case might be delayed or even dismissed.
Why Affidavits of Service Matter
Courts take proper service very seriously. Here’s why:
- It ensures the other party knows about the case
- It proves the other party had a chance to respond
- It protects the rights of all parties
- It prevents cases from proceeding without proper notice
- It follows the rules of fair legal process
If you can’t prove service happened, your case might not move forward. Muthii Associates ensures your service is done correctly.
The Step-by-Step Process
Step 1: Preparation of the Affidavit
The affidavit of service must follow Form No. 4 in Appendix A of the Civil Procedure Rules. It must include:
- Your case details and court information
- Names of the parties involved
- Description of the documents served
- Date, time, and exact place of service
- Method of service used
- Identity of the person who received the documents
- Names and addresses of any witnesses present
Muthii Associates can draft this document for you. Their legal experts know exactly what information to include.
Step 2: Serving the Documents
The documents must be served by:
- A court process server
- A police officer
- An advocate
- Any person approved by the court
The method of service matters too. It can be:
- Personal service (handed directly to the person)
- Left with an adult at the person’s home
- Affixed to the door if no one answers (in some cases)
- Published in a newspaper (in special cases)
- Electronic service (with court permission)
Muthii Associates can arrange reliable process servers who know the legal requirements.
Step 3: Execution of the Affidavit
After service is complete, the server must:
- Fill in all the details in the affidavit form
- Take the affidavit to a Commissioner for Oaths
- Show their ID card or passport for identity verification
- Sign the affidavit in front of the Commissioner
- Pay the Commissioner’s fee
The Commissioner will:
- Verify the server’s identity
- Witness the signing
- Stamp and sign the affidavit
- Record the affidavit in their register
Muthii Associates works with trusted Commissioners for Oaths to make this process smooth.
Step 4: Submission to Court
The final steps are:
- Attach the affidavit to the original summons
- File it at the court registry
- Pay any required filing fees
- Get a receipt for your records
- Keep a copy for your files
Muthii Associates handles all these steps for their clients. They ensure all documents are properly filed.
Legal Requirements Under Kenyan Law
The affidavit of service must comply with:
- Order 5, Rule 15 of the Civil Procedure Rules
- The Oaths and Statutory Declarations Act
These laws set strict standards. The affidavit must be:
- In the correct format
- Properly sworn
- Filed within the right timeframe
- Complete with all required details
False information in an affidavit is serious. It can lead to:
- Fines up to Ksh 5,000
- Possible imprisonment
- Dismissal of your case
- Court sanctions
Muthii Associates ensures all affidavits meet legal standards. Their expertise protects you from these risks.
Special Situations in Service
When the Recipient Refuses Service
If someone refuses to accept papers, the server can:
- Leave the documents with them anyway
- Note the refusal in the affidavit
- Describe how they identified the person
- Explain what happened in detail
When No One is Home
If no one answers the door, the server might:
- Try again at a different time
- Affix the documents to the door (in some cases)
- Seek court permission for alternative service
Service to Companies
Serving a company requires:
- Delivery to a director, secretary, or other officer
- Leaving documents at the registered office
- Special notes in the affidavit about who received the papers
Muthii Associates advises on the best approach for your specific situation. They help navigate these complex scenarios.
Costs of Obtaining an Affidavit of Service
The costs typically include:
- Drafting Fee: Lawyers charge between Ksh 2,000-5,000 for preparing the affidavit
- Process Server Fee: Typically Ksh 1,000-3,000 (depends on distance)
- Commissioner for Oaths: Ksh 200-500 per affidavit
- Court Filing Fee: Variable, but usually around Ksh 200-500
Muthii Associates offers clear, reasonable pricing for affidavit services. Contact them at muthiiassociates@gmail.com or 0722432638 for a quote based on your needs.
Common Problems and Solutions
Problem: Wrong Person Served
This is a serious error. The solution is to:
- Request new summons from court
- Serve the correct person
- File a new affidavit of service
Problem: Address is Wrong
If you can’t find the person, you might need to:
- Do address searches
- Ask the court for substitute service
- Publish notices in newspapers
Problem: Service Disputed in Court
If someone claims they weren’t served, the court may:
- Question the process server under oath
- Review the affidavit details
- Look at any evidence like signatures or photos
Muthii Associates helps prevent these problems through careful planning and proper execution of service.
Frequently Asked Questions
What is an affidavit of service in Kenya?
An affidavit of service is a sworn legal document that proves legal papers were properly delivered to a person. It describes when, where, and how the papers were given. Muthii Associates can prepare this important document for you.
Who can serve court papers in Kenya?
Court papers can be served by court process servers, police officers, advocates, or other people approved by the court. Muthii Associates works with reliable process servers who know the legal requirements.
How long is an affidavit of service valid in Kenya?
An affidavit of service doesn’t expire. Once properly executed, it permanently proves that service happened on the date stated. Muthii Associates ensures your affidavits are properly prepared to stand up in court.
What happens if the affidavit of service is not filed?
If you don’t file an affidavit of service, the court will not know that the other party received the papers. Your case might be delayed or dismissed. Muthii Associates handles the filing process to prevent this problem.
Can I serve court papers myself in Kenya?
Generally, no. A party to the case should not serve papers themselves. It’s better to use an official process server or someone appointed by the court. Muthii Associates can arrange proper service for you.
How much does it cost to get an affidavit of service in Kenya?
The total cost ranges from Ksh 3,000 to Ksh 9,000 depending on complexity and location. Contact Muthii Associates for a clear quote tailored to your specific needs.
What if someone refuses to accept the papers?
If someone refuses service, the server can leave the papers with them anyway and note the refusal in the affidavit. Muthii Associates’ process servers know how to handle difficult service situations.
Can court papers be served on Sundays or holidays?
Generally, service should happen on business days. But in urgent cases, the court may allow service on weekends or holidays. Muthii Associates can advise on the best timing for your case.
Why Choose Muthii Associates for Affidavits of Service?
Getting an affidavit of service right is crucial for your case. Muthii Associates offers:
- Expert preparation of all documents
- Connections with reliable process servers
- Knowledge of all legal requirements
- Quick turnaround times
- Proper filing with the courts
- Solutions for difficult service situations
- Clear communication throughout the process
Their team has handled countless affidavits of service for clients throughout Kenya. They ensure your legal proceedings move forward without delays.
Get Expert Help With Your Affidavit of Service
Don’t risk having your case delayed due to improper service. Get expert help from Muthii Associates today. Their team specializes in legal document preparation and proper service procedures in Kenya.
Contact Muthii Associates now:
- Email: muthiiassociates@gmail.com
- Phone: 0722432638
Our experts will ensure your affidavit of service is prepared correctly, properly executed, and filed with the court. Trust Kenya’s leading specialists in legal documentation to handle this critical step in your case.
