Affidavits in Kenya

Sworn statements drafted, commissioned, and notarised by advocates — for use before courts, regulators, banks, embassies, employers, and other institutions.

What Is an Affidavit?

An affidavit is a formal legal document containing statements of facts, sworn or affirmed before a Commissioner for Oaths or a Notary. It is not merely a letter or ordinary statement — it is a sworn statement, meaning that the person signing it takes legal responsibility for the truth of what is stated. The person making the affidavit is called the deponent, and by signing they confirm that the facts stated are true to the best of their knowledge, information, and belief.

When Affidavits Are Used

Affidavits are commonly used where a person is required to explain a situation, confirm identity, support an application, or make a formal declaration to a court, government office, bank, employer, school, embassy, regulator, or other institution. At Karanja & Gisore Advocates, we assist with drafting and commissioning of affidavits for use in Kenya, and we also draft and notarise affidavits for use outside Kenya.

What Is an Affidavit Used For?

Affidavits are used in many legal, commercial, administrative, and personal matters. They may be required to explain loss of documents, confirm family relationships, support business applications, verify ownership, confirm change of names, or explain a discrepancy in names. Some affidavits are simple and routine. Others require careful drafting because they may be relied on by a regulator, or submitted in a transaction involving money, property, employment, immigration, succession, or company affairs.

Common Types of Affidavits in Kenya

The affidavits we most frequently draft, commission, and notarise for clients across Kenya and abroad.

1. Affidavit for Loss of Documents

Commonly required where a person has lost an important document such as a national identity card, passport, title document, logbook, academic certificate, business permit, cheque book, company document, or other official record. The affidavit explains the document lost, the circumstances of loss, and the purpose for which the affidavit is being made.

2. Affidavit of Name Difference

Used where a person's names appear differently in different documents — for example, where a national identity card shows one version of a name while academic certificates, bank records, land records, or employment documents show a slightly different version. The affidavit confirms that the different names refer to one and the same person.

3. Affidavit of Change of Name

Required where a person has changed their name due to marriage, personal preference, correction of official records, or other lawful reasons. Depending on the circumstances, a deed poll or additional supporting documentation may also be required.

4. Affidavit of Marriage

Used to confirm marital status, customary marriage, or facts relating to marriage where formal records are not available — often relied on by banks, employers, government offices, and foreign authorities.

5. Affidavit of Single Status

Required by embassies, foreign authorities, marriage registries, or other institutions where a person needs to confirm that they are not currently married — typically for purposes of marriage abroad, immigration, or visa applications.

6. Affidavit of Residence

Used to confirm where a person resides. It may be required by schools, employers, financial institutions, embassies, government offices, or other organisations as evidence of a deponent's address.

7. Affidavit of Support

Used where a person confirms that they will financially support another person. It is often required in education, immigration, travel, visa, or family-related matters where proof of sponsorship is necessary.

8. Affidavit for Court Proceedings

Usually in the form of Supporting Affidavits or Replying Affidavits, these are drafted to support or oppose applications in court — setting out the relevant facts with the precision required for litigation.

9. Affidavit for Business and Company Matters

Companies, directors, shareholders, business owners, and institutions may require affidavits for licensing, regulatory applications, tender processes, bank instructions, correction of company records, ownership confirmations, directorship matters, tax issues, or compliance processes.

10. Affidavit for Land and Property Transactions

Affidavits may be required for replacement of lost title documents, correction of names, confirmation of marital status, spousal consent issues, or occupation, possession, and ownership-related explanations.

Need an Affidavit Drafted, Commissioned, or Notarised?

Whether your affidavit is for use in Kenya or abroad — for government office, a bank, an embassy, or a personal matter — we draft, commission, and notarise affidavits with the care and precision.

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