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What is a sworn affidavit?

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Introduction

A sworn affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. In Kenya, affidavits are governed by various legal provisions, including the Oaths and Statutory Declarations Act (Cap 15), the Civil Procedure Act (Cap 21), and the Evidence Act (Cap 80). This document is crucial in legal proceedings as it provides a formal, sworn account of facts pertinent to a case.

Definition and Purpose of a Sworn Affidavit
Legal Framework Governing Affidavits in Kenya
- Oaths and Statutory Declarations Act (Cap 15)
- Civil Procedure Act (Cap 21)
- Evidence Act (Cap 80)
Components of a Sworn Affidavit
Process of Swearing an Affidavit
Legal Implications of a Sworn Affidavit
Conclusion

1. Definition and Purpose of a Sworn Affidavit

A sworn affidavit is a written statement made under oath or affirmation, used as evidence in legal proceedings. The primary purpose of an affidavit is to present facts in a formal, written format that can be used in court. It serves as a means to provide evidence without requiring the physical presence of the deponent (the person making the affidavit).

2. Legal Framework Governing Affidavits in Kenya

Oaths and Statutory Declarations Act (Cap 15)

Section 5: This section outlines the requirement for affidavits to be sworn before a person authorized to administer oaths, such as a Commissioner for Oaths or a Magistrate.
Section 6: It specifies the form and content of affidavits, ensuring they adhere to a standardized format.

Civil Procedure Act (Cap 21)

Order 19, Rule 1: This rule allows for the use of affidavits in interlocutory proceedings, providing a mechanism for presenting evidence without a full trial.
Order 19, Rule 3: It stipulates that affidavits should be confined to facts that the deponent can prove from their own knowledge, except in interlocutory applications where statements of belief are allowed if the grounds are stated.

Evidence Act (Cap 80)

Section 107: This section places the burden of proof on the party making the affidavit, requiring them to substantiate the facts stated within.
Section 108: It emphasizes the need for affidavits to be clear, concise, and free from ambiguity to ensure they are admissible in court.

3. Components of a Sworn Affidavit

A valid sworn affidavit typically includes the following components:

Title: Indicates the nature of the document and the case it pertains to.
Introduction: Identifies the deponent and their capacity to make the affidavit.
Body: Contains a numbered list of statements, each presenting a fact relevant to the case.
Jurat: The section where the deponent swears the affidavit before an authorized officer, including the date and place of swearing.
Signature: The deponent's signature, affirming the truthfulness of the statements made.
Certification: The signature and seal of the officer administering the oath.

4. Process of Swearing an Affidavit

The process of swearing an affidavit involves several steps:

Drafting: The deponent, often with the assistance of a legal professional, drafts the affidavit, ensuring it adheres to the required legal format.
Review: The draft is reviewed to ensure accuracy and completeness.
Swearing: The deponent appears before an authorized officer (e.g., Commissioner for Oaths) to swear the affidavit. The officer verifies the deponent's identity and administers the oath or affirmation.
Signing: The deponent signs the affidavit in the presence of the officer, who then signs and seals the document.
Filing: The sworn affidavit is filed with the relevant court or legal body as part of the case record.

5. Legal Implications of a Sworn Affidavit

Sworn affidavits carry significant legal weight and have several implications:

Evidentiary Value: Affidavits serve as evidence in legal proceedings, and their contents can influence the outcome of a case.
Perjury: Making a false statement in an affidavit constitutes perjury, a criminal offense punishable under Kenyan law (Penal Code, Cap 63, Section 114).
Binding Nature: The deponent is legally bound by the statements made in the affidavit, and any deviation can result in legal consequences.

Conclusion

In summary, a sworn affidavit is a critical legal document in Kenya, governed by various statutes including the Oaths and Statutory Declarations Act, the Civil Procedure Act, and the Evidence Act. It serves as a formal, written statement of facts, sworn under oath, and used as evidence in court. The process of swearing an affidavit involves drafting, reviewing, swearing before an authorized officer, signing, and filing. Given its legal implications, it is essential for affidavits to be accurate, truthful, and compliant with the relevant legal provisions.