Ask a lawyer:
What is a sworn affidavit?

Introduction

This response will provide a comprehensive explanation of a sworn affidavit in the context of Kenyan law. It will delve into the definition, purpose, and legal requirements associated with sworn affidavits, drawing upon relevant provisions from the Kenyan Constitution and other applicable legislation.

Table of Contents

1. Definition and Purpose

2. Legal Requirements 2.1. Form and Content 2.2. Oath or Affirmation 3. Use in Legal Proceedings 4. Consequences of False Statements

3. Conclusion

1. Definition and Purpose

A sworn affidavit is a written statement made under oath or affirmation before a person authorized to administer oaths, such as a commissioner for oaths, a magistrate, or a notary public. It is a formal declaration of facts that the affiant (the person making the affidavit) believes to be true.

Source: The Oaths and Statutory Declarations Act, Cap 15, Laws of Kenya.

The purpose of a sworn affidavit is to provide a reliable and legally admissible form of evidence in legal proceedings. It allows individuals to present their version of events or provide information relevant to a case without having to appear in court personally.

2. Legal Requirements

2.1. Form and Content

A sworn affidavit must adhere to specific legal requirements regarding its form and content. These requirements are outlined in the Oaths and Statutory Declarations Act, Cap 15, Laws of Kenya.

• Title: The affidavit must be titled with the name of the court or tribunal where it is intended to be filed.

• Heading: The heading should include the full name and address of the affiant, the date of the affidavit, and the case number (if applicable).

• Body: The body of the affidavit should contain a clear and concise statement of the facts that the affiant is attesting to. It should be written in the first person and avoid using legal jargon or technical terms that may be difficult for the reader to understand.

• Signature: The affiant must sign the affidavit in the presence of the person administering the oath or affirmation.

• Witness: The person administering the oath or affirmation must sign the affidavit as a witness to the affiant's signature.

2.2. Oath or Affirmation

The affiant must either swear an oath or make an affirmation before the person authorized to administer oaths.

• Oath: The affiant will raise their right hand and solemnly swear to tell the truth, the whole truth, and nothing but the truth.

• Affirmation: The affiant will solemnly, sincerely, and truly declare and affirm that the statements in the affidavit are true.

Source: The Oaths and Statutory Declarations Act, Cap 15, Laws of Kenya.

3. Use in Legal Proceedings

Sworn affidavits are commonly used in various legal proceedings, including:

• Civil Cases: Affidavits are used to present evidence, support motions, and provide witness statements.

• Criminal Cases: Affidavits can be used to support bail applications, provide witness statements, or present evidence in support of a plea.

• Family Law Cases: Affidavits are used to provide evidence in matters such as divorce, custody, and child support.

• Land Disputes: Affidavits are used to present evidence regarding ownership, possession, and boundaries.

4. Consequences of False Statements

Making false statements in a sworn affidavit is a serious offense under Kenyan law. The affiant can be charged with perjury, which carries a penalty of imprisonment for a term not exceeding seven years.

Source: The Penal Code, Cap 63, Laws of Kenya.

5. Conclusion

A sworn affidavit is a crucial legal document in Kenya, serving as a reliable and admissible form of evidence in various legal proceedings. It is essential to ensure that all legal requirements are met when preparing and filing a sworn affidavit to avoid potential legal consequences.