What is an affidavit and when do I need one in Kenya?

The short version

An affidavit is a written statement of fact that you swear under oath before an authorised officer — usually a Commissioner for Oaths or a Notary Public. The signed, sealed document then carries the weight of sworn evidence in Kenyan courts, government offices, and many private institutions.

Because it's sworn under oath, lying in an affidavit is the offence of perjury — which is why registries take affidavits seriously as evidence.

When you'll be asked for one

The most common Kenyan situations that require an affidavit:

• Loss of documents. A lost passport, national ID, driving licence, log book, or academic certificate — the replacing authority almost always demands an affidavit of loss first.
• Change of name. Marriage, divorce, or a deed poll change of name requires an affidavit before Civil Registration will issue new documents.
• KRA tax matters. Affidavits of means, of source of funds, and of tax residence are common in KRA disputes and refund claims.
• Court proceedings. Almost every civil application to the Kenyan courts is supported by an affidavit setting out the facts.
• Immigration. Dual citizenship applications, sponsorship affidavits, and declarations of relationship for family visas.

What must an affidavit contain?

The Oaths and Statutory Declarations Act (Cap. 15) sets out the requirements. A valid affidavit must include:

• Your full names, address, and occupation as the deponent.
• Numbered paragraphs stating the facts you swear to, in the first person.
• A jurat — the closing block confirming when, where, and before whom you swore the affidavit.
• Your signature.
• The signature, name, and stamp of the Commissioner for Oaths or Notary Public who witnessed you swearing it.

What it must not contain

Affidavits stick to facts within your own knowledge. Opinions, arguments, and hearsay have no place in an affidavit — and a court will strike them out or refuse the document entirely.

Signing one from abroad

Traditionally you either flew home, visited the nearest Kenyan embassy for a consular appointment, or shipped physical originals back and forth. All three are slow, expensive, and unreliable.

Under Kenyan electronic transactions law and the recognised practice of the courts, an affidavit sworn before a licensed Kenyan Advocate and Notary Public over a secure video session is equally valid — provided the notary verifies your identity, witnesses your signature, and returns the sealed document with an audit trail. That's the service we provide.

How long is an affidavit valid?

There's no universal expiry, but many receiving authorities require the affidavit to be dated within a specific window (30, 60, or 90 days) of submission. Check the requirement with the office you're filing with — and if in doubt, swear a fresh one.