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What is an affidavit and what are the procedures for it to be valid

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Introduction

An affidavit is a written statement of fact, voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. It is used as evidence in court proceedings in Kenya. The validity of an affidavit is governed by specific procedures and requirements under Kenyan law, primarily under the Oaths and Statutory Declarations Act (Cap. 15 of the Laws of Kenya) and the Civil Procedure Rules, 2010. This document will outline the nature of an affidavit and the procedures required for its validity in Kenya.

Definition and Purpose of an Affidavit
Legal Framework Governing Affidavits in Kenya
- Oaths and Statutory Declarations Act
- Civil Procedure Rules, 2010
Procedures for a Valid Affidavit
- Preparation
- Swearing or Affirmation
- Signature and Stamp
- Filing
Key Elements of a Valid Affidavit
Conclusion

1. Definition and Purpose of an Affidavit

An affidavit is a formal statement made under oath, witnessed, and authenticated by a legal officer or public official with the authority to administer oaths. It is used in court cases and other legal proceedings as evidence, where the affiant swears to the truthfulness of the statements contained within the document.

2. Legal Framework Governing Affidavits in Kenya

Oaths and Statutory Declarations Act (Cap. 15 of the Laws of Kenya): This Act provides the legal basis for the administration of oaths and affirmations in Kenya, including the making of affidavits.
Civil Procedure Rules, 2010: These rules outline the procedures for civil court proceedings, including the use and requirements of affidavits in such proceedings.

3. Procedures for a Valid Affidavit

Preparation

Content: The affidavit must contain a clear statement of facts. It should be written in the first person and detail the facts that the affiant is swearing to be true. The language should be simple, precise, and to the point.
Format: The affidavit should be formatted according to the requirements set out in the Civil Procedure Rules, 2010. It typically includes a heading stating the court and the case number, the title "Affidavit," and numbered paragraphs.

Swearing or Affirmation

The affiant must swear or affirm the truth of the affidavit before a person authorized by law to administer oaths in Kenya. This can include a Commissioner for Oaths, a Magistrate, or a Judge.

Signature and Stamp

Signature: After swearing or affirming the truth of the statements, the affiant must sign the affidavit in the presence of the Commissioner for Oaths or other authorized person.
Stamp: The Commissioner for Oaths or authorized person must also affix their official stamp or seal on the affidavit, indicating their authority and the date of the swearing.

Filing

The affidavit must be filed with the relevant court or legal body as required by the specific legal proceedings. The filing process involves submitting the original affidavit and any required copies to the court registry or relevant office.

4. Key Elements of a Valid Affidavit

Voluntary Statement: The affidavit must be made voluntarily, without any coercion.
Truthfulness: The affiant must swear or affirm to the truthfulness of the statements made in the affidavit.
Identification: The affidavit must clearly identify the affiant, including their full name and address.
Authority: The affidavit must be sworn or affirmed in front of an authorized person, such as a Commissioner for Oaths.
Compliance with Legal Requirements: The affidavit must comply with the requirements set out in the Oaths and Statutory Declarations Act and the Civil Procedure Rules, 2010.

5. Conclusion

An affidavit is a crucial legal document in Kenya, used to present sworn statements of fact in legal proceedings. For an affidavit to be valid, it must be prepared, sworn or affirmed, signed, and filed according to the procedures outlined in the Oaths and Statutory Declarations Act and the Civil Procedure Rules, 2010. Understanding and adhering to these procedures ensures that the affidavit serves its intended purpose in the legal process.