Tag: Legal Practice Tips

An affidavit is a formal written statement of facts, made voluntarily under oath or affirmation, and used as evidence in various legal and administrative processes. It serves as a sworn testimony, giving weight and credibility to the information it contains.

Whether you're dealing with property, personal matters, or legal disputes, understanding the different types of affidavits and when you might need them is essential. This SEO-optimized guide breaks down the common affidavits in Kenya, helping you navigate these legal documents with confidence.

Common Types of Affidavits You May Need in Kenya:

Here are some of the most frequently used affidavits in Kenya, categorized for easier understanding:

1. Affidavits for Personal Identity & Status:

These affidavits are crucial for establishing or clarifying personal details, especially when official documents have discrepancies or are missing.

• Affidavit of Proof of Name: It's used when there are inconsistencies in your name across different official documents (e.g., ID card, birth certificate, academic certificates, passport). It helps clarify your legal name and prevent issues with banking, property transactions, visa applications, and employment.

• Affidavit of Change of Name After Marriage: If you adopt your spouse's name or make other changes after marriage, this affidavit formally declares your new name.

• Affidavit of Single Status (or Affidavit of Celibacy): Required, especially for Kenyans intending to marry a foreign national, to confirm that they are not currently married.

• Affidavit of Paternity/Parentage: Used to formally declare paternity or parentage, often needed for birth certificate registration or inheritance matters.

• Affidavit of Proof of Residence: Verifies your residential address, particularly when utility bills or lease agreements are unavailable. Often required for opening bank accounts, government applications, and immigration purposes.

• Affidavit of Birth: Used to attest to a person's birth details when an official birth certificate is unavailable, useful for school enrollment or obtaining identification.

2. Affidavits for Lost Documents:

Losing important documents can be a hassle, but an affidavit can often facilitate their replacement.

• Affidavit of Loss of Document: A general affidavit declaring the loss of any important document, such as a national identity card, passport, title deed, academic certificate (e.g., KCPE/KCSE), or share certificate. This is usually a prerequisite for obtaining a replacement.

• Affidavit for Lost or Misplaced Motor Vehicle Logbook/Number Plate: Specifically for vehicle owners who have lost their logbook or number plates, required by the National Transport and Safety Authority (NTSA) for replacement.

3. Affidavits for Legal & Procedural Matters:

These affidavits are vital in court proceedings and other legal processes.

• Affidavit of Service: This affidavit is critical in legal disputes. It proves that legal documents (e.g., summons, petitions) have been properly delivered to the intended parties, detailing the date, time, method, and recipient of the service.

• Affidavit of Means (or Financial Affidavit): Often required in family law cases (e.g., divorce, child support) to disclose an individual's financial status, including income, assets, and liabilities.

• Affidavit of Consent: Used when a person gives their formal consent to a particular action or agreement, common in family law for matters like a child's travel or adoption.

• Affidavit of Support: Typically used in immigration cases to confirm financial support for an applicant.

• Company Affidavits: Various affidavits related to company matters, such as affidavits for lost or damaged share certificates, or affidavits for surrender of shares.

• Affidavit of Heirship: Used in estate matters to transfer ownership of property from a deceased person to their rightful heirs.

• Affidavit in Support of a Complaint/Petition: Filed in court cases to provide sworn facts supporting a legal complaint or petition.

4. Affidavits for Specific Administrative Purposes:

Beyond general legal needs, certain affidavits cater to specific administrative requirements.

• Affidavit for Change of NTSA TIMS Account Phone Number: For updating contact details on the Transport Integrated Management Systems.

• Affidavit for Change of Motor Vehicle Engine Number: For officially documenting a change in a vehicle's engine number.

• Affidavit of Guardianship: Used to declare and formalize guardianship over a minor or an individual unable to care for themselves.

• Affidavit of Source of Funds: Often required by financial institutions to declare the origin of large sums of money for anti-money laundering purposes

What Makes an Affidavit Valid in Kenya?

Before diving into specific types, it's vital to know the core requirements for a valid affidavit in Kenya, as governed by the Oaths and Statutory Declarations Act (Cap 15) and the Civil Procedure Rules, 2010:

• Voluntary Statement: The statement must be made freely, without any coercion.

• Truthfulness: The person making the affidavit (the "deponent" or "affiant") must swear or affirm to the truthfulness of the statements. Providing false information in an affidavit can lead to charges of perjury.

• Identification: The deponent must be clearly identified with their full name and address.

• Authorized Witness: The affidavit must be sworn or affirmed before a person authorized by law to administer oaths. In Kenya, this is typically a Commissioner for Oaths, a Magistrate, or a Judge.

• Signature and Stamp: The deponent must sign the affidavit in the presence of the authorized witness, who then affixes their official stamp or seal.

• Clear and Concise Content: The affidavit should be written in the first person, using simple, precise language, and detailing the facts sworn to be true in numbered paragraphs.

How to Get an Affidavit in Kenya:

The process of obtaining an affidavit typically involves:

1. Drafting: The affidavit needs to be accurately drafted, detailing the facts you are swearing to. You can draft your own with wansom.ai

2. Signing: The deponent must sign the affidavit.

3. Commissioning: The signed affidavit must be sworn or affirmed before a Commissioner for Oaths, Magistrate, or Judge. This official will verify your identity and witness your signature, then append their signature and official stamp.

4. Filing (if required): Depending on the purpose, the affidavit may need to be filed with a specific court, government agency, or institution.