Who needs this document
You need an affidavit if you are required to make a formal sworn statement for a court application, government process, financial institution, or immigration purpose in Kenya. Affidavits are required for a wide range of legal proceedings including injunctions, name changes, lost document declarations, and probate applications.
Frequently Asked Questions
What is an affidavit used for in Kenya?
An affidavit is a sworn written statement of fact used in Kenyan legal proceedings. Common uses include: court applications (e.g. injunctions, name change applications), administrative processes (change of name, lost document declarations), KYC for financial institutions, immigration applications, and probate proceedings.
Who can commission an affidavit in Kenya?
Under the Oaths and Statutory Declarations Act (Cap. 15), an affidavit must be sworn before a Commissioner for Oaths, an Advocate of the High Court, a magistrate, or a judge. Signing an affidavit before an unauthorised person makes it invalid.
Is a Kenyan affidavit valid internationally?
A Kenyan affidavit may be accepted internationally if it is notarised and apostilled under the Hague Apostille Convention, to which Kenya is a party. For use in specific countries or institutions, additional authentication or translation may be required.
Can I write my own affidavit in Kenya?
Yes. You can draft your own affidavit, but it must be sworn before a Commissioner for Oaths, an Advocate of the High Court, a magistrate, or a judge. LegalEase generates a properly structured affidavit that you then sign and swear before an authorised commissioner. Many law firms and notaries offer commissioning services for a small fee.
What is the difference between an affidavit and a statutory declaration in Kenya?
An affidavit is a sworn statement made under oath, typically used in court proceedings. A statutory declaration is a solemn statement made without an oath, typically used for administrative purposes (e.g. change of name, lost document). Both must be made before an authorised person under the Oaths and Statutory Declarations Act (Cap. 15).
How long is an affidavit valid in Kenya?
There is no fixed expiry for an affidavit, but courts and institutions may require a recent one (e.g. not more than 3–6 months old) for certain applications. Check the specific requirements of the court, institution, or country for which the affidavit is intended.
Is a Kenyan affidavit valid in the UK?
A Kenyan affidavit can be used in the UK if it is apostilled under the Hague Apostille Convention. Kenya and the UK are both signatories. An apostille is obtained from the Registrar-General of Kenya and confirms the authenticity of the commissioner's signature for international use.