You must have heard of affidavits in Kenya and wondered what they are. It doesn’t matter what profession or background you have; at some point, you may come across a need to draft an affidavit in Kenya.
So what is it?
How does it work, and how do you get one?
These documents come up in many everyday situations, from replacing a lost ID to handling property matters or court cases.
In this guide, we will walk you through the documents needed, the parties involved, the types of affidavits in Kenya, the costs and the time it takes to draft one.
At Chepchieng and Company Advocates, we help many clients with affidavits every week, and we want you to feel confident and informed on what you need to draft your affidavits in Kenya.
Affidavits in Kenya are common tools that provide a formal way to state facts truthfully. Let us get into the details.
What is an Affidavit in Kenya?
An affidavit in Kenya is a written statement of facts made voluntarily.
You swear or affirm that the information is true before someone authorized by law, such as a Commissioner for Oaths. It serves as evidence in official processes.
You use affidavits in Kenya when you need to prove something without appearing in person right away.
For example, landowners use affidavits in Kenya for property disputes, and investors use them for business registrations or source-of-funds verifications. It is a clear, written record that carries legal weight.
What is the legal definition of an affidavit in Kenya?
The legal definition describes an affidavit as a written statement of facts voluntarily made by the deponent (the person making it) under oath or affirmation. A person authorized by law administers this oath.
In Kenya, courts and government offices treat affidavits in Kenya as formal evidence.
False information can lead to serious consequences, such as perjury charges. This definition is based on laws that ensure the document is reliable and truthful.
Laws governing affidavits in Kenya
The main law is the Oaths and Statutory Declarations Act, Cap 15. This Act explains who can administer oaths, how to make affidavits, and the rules for Commissioners for Oaths. It applies across Kenya and covers both affidavits and statutory declarations.
The Act allows the Chief Justice to appoint Commissioners for Oaths. These are usually advocates who have practiced for a certain period.
They can take affidavits for court matters, registrations, and other official uses. The law also lists penalties for anyone who acts as a commissioner without proper appointment.
Other laws support affidavits in Kenya. The Evidence Act (Cap 80) explains how courts use them as proof.
Civil Procedure Rules guide their use in lawsuits. For land and business matters, laws like the Land Registration Act often require specific affidavits.
Magistrates, High Court registrars, and certain court officers can also administer oaths under this framework.
The rules ensure affidavits in Kenya follow a standard format, including a jurat (the part that shows when and where it was sworn). This makes them acceptable everywhere in the country.
Purpose of an affidavit in Kenyan court proceedings
In court, affidavits in Kenya support applications, provide evidence, and help judges decide cases without always needing witnesses.
You file them with petitions, chamber summons, or notices of motion. They explain facts clearly and attach supporting documents as exhibits.
Courts rely on them heavily in civil cases involving land, family, or business disputes. For landowners and investors, a well-prepared affidavit can strengthen your position in a case.
At Chepchieng and Company Advocates, we draft these to make sure they meet court standards and present your story clearly.
Legal requirements of an affidavit in Kenya
- An affidavit must be in writing.
- The person making it -the deponent (a person who gives sworn, written, or oral evidence) must be of sound mind and understand its contents.
- You swear or affirm it before a Commissioner for Oaths in Kenya, a magistrate, or an authorized officer.
- It needs a clear jurat stating the place and date.
- The deponent (a person who gives sworn, written, or oral evidence) signs it.
- Any attached documents (exhibits) must be marked properly.
- You CANNOT use it if the commissioner has an interest in the matter.
These rules ensure that affidavits in Kenya remain valid and reliable.
Contents of affidavits in Kenya
A standard affidavit starts with the title, such as “REPUBLIC OF KENYA,” and the matter it concerns.
It states the deponent’s full name, age, occupation, and address. It explains why the deponent is competent to swear it (for example, “I am the owner of the land in question”).
The body lists facts in numbered paragraphs.
It ends with a statement that the contents are true.
The jurat follows, signed by the commissioner.
Keep language simple and facts clear.
Avoid opinions unless necessary. At our firm, we ensure every affidavit follows this structure for easy acceptance.
Effects of Lying in an Affidavit in Kenya
Lying in an affidavit in Kenya is a serious offence.
If you knowingly make a false statement in an affidavit, especially in court matters or for official purposes, you can be charged with perjury under the Penal Code, Cap 63.
The punishment for perjury or subornation of perjury is up to SEVEN YEARS’ IMPRISONMENT.
Even outside court, making a false statement under oath can lead to charges of false swearing, fines, or a jail term.
Courts take this very seriously because affidavits in Kenya are treated as formal evidence.
A false affidavit can also weaken or dismiss your case and damage your credibility in future matters. Always tell the truth.
Our expert lawyers in Kenya advise clients to provide only accurate information when preparing affidavits in Kenya. It protects you from unnecessary legal trouble.
Types of affidavits in Kenya
Kenya has many types of affidavits for different purposes. Below is a clear explanation of each common type. Each section covers the typical contents, the parties involved, and how people use it.
Affidavit of Marriage Kenya
An affidavit of marriage in Kenya proves that a marriage exists, especially for customary marriages that may not have an official certificate.
It usually includes:
- The full names of both spouses
- The date and place of the marriage or cohabitation
- The type of marriage (customary, religious, or civil)
- Names of any children
- Statement confirming the union is valid and ongoing.
Spouses typically make this affidavit, sometimes with witnesses.
You use it for land transfers (to show spousal consent), inheritance matters, official records, visa applications, or updating government documents.
It provides strong evidence but does not replace a formal marriage certificate.
Affidavit of Loss of Document
You use an affidavit of loss for important documents that go missing. It describes
- The lost item (such as an ID, title deed, passport, or academic certificate)
- Explains when and how you lost it
- Confirms you reported the loss to the police
- States that you have not found it.
The person who lost the document (the owner) makes this affidavit.
It supports replacement applications and reassures authorities or institutions that the loss was genuine. It is very common for an affidavit for lost ID replacement.
Affidavit of Proof of Name
An affidavit of proof of name confirms or corrects differences in how your name appears across documents.
- It lists your full official name
- Other spellings or variations used in records
- Your ID or passport number
- The reasons for the differences (such as spelling errors or cultural naming practices).
- The individual whose name needs clarification makes it.
Landowners and investors use it to update land titles, bank records, or official files so everything matches.
Affidavit of Service Kenya
An affidavit of service in Kenya confirms that you properly delivered court documents to the other party.
It includes details of the documents served
- The date
- Time
- Method of service (personal, by post, or through an agent)
- Recipient’s details.
- Process servers, advocates, or parties to a case usually make it.
Courts require it to prove that the other side received notice before proceeding with a case.
Affidavit of Single Status
An affidavit of single status declares that you are not currently married.
It states
- Your full name
- ID number
- Date of birth
- Confirms you have no living spouse or existing marriage.
- The individual making the declaration signs it.
You need it for new marriages (especially with foreign partners), visa applications, or certain investment and business requirements.
Affidavit of Proof of Residence
An affidavit of proof of residence confirms your current address.
It includes:
- Your full name
- ID details
- The exact physical address
- How long you have lived there
- Supporting evidence, such as utility bills or witness statements.
- You or a witness who knows your residence can make it.
Banks, schools, government offices, and service providers often request it for verification.
Affidavit of Source of Funds
An affidavit of source of funds explains the source of funds for a large transaction.
- It details the amount and the source (salary, business profits, inheritance, property sale, etc.
- It attaches supporting evidence such as bank statements or sale agreements.
- The person providing or using the funds makes this affidavit.
Banks, land agents, and regulators require it from investors and those involved in large deals to prevent money laundering and verify legitimacy.
Affidavit of Guardianship
An affidavit of guardianship establishes legal responsibility for a child.
It includes
- The child’s details
- The guardian’s relationship to the child
- The reasons for guardianship, and, if available, the parents’ consent.
- Parents or close relatives make it.
It is used in schools, hospitals, immigration, and courts, and it is accepted for medical decisions, school admissions, or travel with the child.
Affidavit of Paternity Kenya
An affidavit of paternity in Kenya declares that a man is the biological father of a child.
It states:
- The names of the father, mother, and child
- The date and place of birth, and any supporting facts.
- The alleged father usually makes, and sometimes with the mother’s involvement.
It helps register or correct birth certificates, claim inheritance rights, or arrange child support.
Affidavit for Lost ID Replacement
An affidavit for lost ID replacement supports an application for a new National ID.
It describes:
- The lost ID (number, if known)
- The circumstances of loss
- The details of the police report confirm that you need a replacement.
- The owner of the lost ID makes a new one.
Submit it together with a police abstract to the registration authorities.
Affidavit for NTSA TIMS Phone Number Change
An affidavit for NTSA TIMS phone number change updates contact details in the National Transport and Safety Authority system.
- It states your name
- Vehicle or logbook details
- The old and new phone numbers, and the reason for the change.
- The vehicle owner makes it.
You need it when updating vehicle registration or ownership records.
Affidavit for Change of Name
An affidavit for a change of name explains and supports an official name change.
- It lists previous names
- The new name
- Reasons for the change (marriage, personal preference, correction)
- Any publications in the gazette.
- The person changing their name makes it.
Use it alongside deed poll applications for updating IDs, titles, and records.
Affidavit for Birth Certificate
An affidavit for a birth certificate corrects or supports details on a birth record.
- It includes the child’s name
- Date and place of birth, parents’ details
- The correction is needed.
- Parents or guardians typically make it.
You use it when applying for or amending a birth certificate at the civil registry.
Each type of affidavit in Kenya has a specific use. Talk to experts at Chepchieng and Company Advocates to choose the right one and ensure it meets all legal standards for your situation as a landowner or investor. We draft, review, and commission these documents efficiently.
Who is a Notary Public in Kenya?
A Notary Public in Kenya is a senior advocate appointed by the Chief Justice with broader powers than a regular commissioner.
Notaries provide extra authentication for foreign embassies, courts, or businesses.
They authenticate documents for use outside Kenya, certify copies, and handle international matters.
Use a Notary Public in Kenya when documents will travel abroad; a Commissioner for Oaths in Kenya is enough for most local needs.
Who is a Commissioner for Oaths in Kenya?
A Commissioner for Oaths in Kenya is not a type of affidavit but the qualified person who commissions it.
This is usually an advocate appointed by the Chief Justice. They check your identity, ensure you understand the contents, and administer the oath or affirmation.
You appear before them to sign the document. Commissioners handle most local affidavits in Kenya.
They CANNOT COMMISSION DOCUMENTS if they have a personal or professional interest in the matter.
What is a Supporting Affidavit?
A supporting affidavit provides extra evidence for a main court application or petition.
It contains specific facts that back up the claims in the primary document and attaches relevant exhibits.
The applicant or a witness with knowledge makes it. Lawyers file it in civil cases to strengthen the main case.
Statutory Declaration vs Affidavit Kenya
Statutory declaration vs affidavit:
Kenya lists two similar but distinct documents under the Oaths and Statutory Declarations Act, Cap 15.
AN AFFIDAVIT is a sworn statement used mainly in court or where strong evidence is needed.
A STATUTORY DECLARATION is a solemn, formal statement for non-court matters, such as administrative processes.
Both require commissioning, but affidavits carry higher weight in legal proceedings and can lead to perjury charges if false. Choose based on the specific requirement.
How much do affidavits in Kenya cost?
Costs for affidavits in Kenya vary. A simple standard affidavit might cost between KES 500 and KES 5,000, including drafting and commissioning.
Complex ones for court or international use cost more.
For example, basic types such as an affidavit of loss of a document or proof of name are often on the lower end.
Notary public services or detailed investor affidavits (e.g., source of funds) can cost up to KES 5,000, depending on the number of pages and urgency.
Commissioner fees are usually KES 500–2,000. Always ask for a clear quote.
At Chepchieng and Company Advocates, we offer fair, transparent pricing tailored to your needs.
How long does it take to draft and get an affidavit in Kenya?
Most simple affidavits in Kenya take 1 to 2 hours. You provide details, we draft it, you review, and then sign before a commissioner. Urgent matters can be same-day.
Complex ones with many exhibits or court filings may take longer. Preparation and verification add time, especially for land or investment deals.
Our team at Chepchieng and Company Advocates works efficiently to meet your deadlines.
Required identification documents for signing affidavits in Kenya
You need valid identification. Bring your original National ID card or Kenyan passport. The commissioner will verify your identity.
For some affidavits, add supporting documents, such as police abstracts for loss cases or marriage certificates.
Always carry originals where possible. This ensures the process goes smoothly.
FAQs about affidavits in Kenya
1. Can I prepare my own affidavit in Kenya?
Yes, but it is safer to use a professional. Mistakes can make it invalid.
2. What happens if I lie in an affidavit?
You can face perjury charges. Always tell the truth.
3. Do all affidavits in Kenya need a Commissioner for Oaths in Kenya?
Most do for validity. Some court officers can also commission them.
4. Is an affidavit the same as a statutory declaration?
No. Affidavits in Kenya are sworn for stronger legal use. See the section on differences above.
5. How do I choose the right law firm?
Pick someone with experience in your area, such as land or investments. Chepchieng and Company Advocates has successfully helped many clients with affidavits in Kenya.
Final Thoughts
Affidavits in Kenya play a key role in daily legal and administrative life. Whether you need an affidavit of marriage in Kenya, an affidavit of source of funds, or another type, understanding these documents helps you protect your interests as a landowner or investor.
At Chepchieng and Company Advocates, we provide clear advice, professional drafting, and commissioning services. Contact us today for reliable support with affidavits in Kenya. We are here to help you every step of the way.
