An affidavit is a written statement made under oath, used as evidence in legal matters. In Kenya, affidavits are commonly used in court cases, land transactions, name changes, loss of documents, or declarations of facts.
Knowing how to properly write an affidavit is important, especially if you’re involved in legal proceedings or official documentation that requires a sworn statement. While affidavits may seem complex, they follow a clear structure and must meet certain legal standards to be valid.
To begin, an affidavit in Kenya must start with a clear title that indicates its purpose. For example, if it’s for a lost ID, the title should read, “Affidavit of Loss of National Identity Card.” This immediately informs the reader or the court what the document is about.
Next is the introductory paragraph, which should state your full legal name, nationality, ID or passport number, and place of residence. You must also declare that the information you are providing is true to the best of your knowledge and belief. This section establishes your identity and affirms that you are voluntarily making the statement under oath.
The body of the affidavit is made up of numbered paragraphs, each containing one fact or piece of information. Keep the language formal, objective, and concise.
Avoid opinions or assumptions; only include facts you personally know or have witnessed. For instance, if you’re writing an affidavit for a lost document, describe when and where you lost it, the circumstances surrounding the loss, and any efforts you’ve made to recover it.
Once the content is complete, conclude with a final statement confirming that the affidavit is made in good faith and for the intended legal purpose. Then, insert the date and location where the affidavit is being sworn.
The final step is swearing or affirming the affidavit before a Commissioner for Oaths or an advocate licensed to administer oaths. This is a legal requirement in Kenya. The commissioner will witness your signature, stamp the document, and sign it to make it official. Without this step, the affidavit is not legally binding.
In conclusion, writing an affidavit in Kenya involves presenting a truthful and well-structured statement in a formal, factual manner. Always ensure your document is clear, precise, and sworn before a qualified authority.
Whether it’s for court use, replacing lost documents, or making official declarations, a properly written affidavit can save time and add credibility to your claims. When in doubt, seek legal advice to ensure your affidavit meets all the necessary legal requirements.
