Free affidavit template
A free affidavit template for Kenya, laid out to Order 19 of the Civil Procedure Rules: first person, consecutively numbered paragraphs, and the deponent’s description, true place of abode and postal address. It is not an affidavit until it is sworn before a commissioner for oaths, who must state the place and the date in the jurat.
What you still need to do
- Swear it. Take the unsigned affidavit and your ID to a commissioner for oaths, a magistrate, or the Registrar or Deputy Registrar of the court, and sign it in front of them. Until that happens it is a draft, not an affidavit.
- Do not have it commissioned by your own advocate in the matter, their clerk, or anyone with an interest in it — Oaths and Statutory Declarations Act section 4(1).
- Check the jurat states the actual place and the actual date — section 5 requires the commissioner to state both truly.
- Number your paragraphs consecutively and keep each to one point, and make sure every fact is one you can prove of your own knowledge unless you are using the information-and-belief form.
- Mark and attach every annexure you refer to, using your initials and a number.
- Swear only what is true. Knowingly stating something materially false in an affidavit or a statutory declaration is an offence under section 11 of the Oaths and Statutory Declarations Act.
Why each clause is here
Every clause in this document is drawn from the provision named beside it, and the wording of each provision was read in the Act itself. Where the law fixes something a document cannot change, this is where it says so.
The heading identifies the court and the proceeding the affidavit is filed in. If there is no case number yet because the affidavit is being filed with the first document in the matter, leave the number blank for the registry to insert. Order 19 r.7 of the Civil Procedure Rules lets the court receive an affidavit despite a misdescription of the parties or another irregularity in the title, but that is a safety net, not a reason to be careless.
An affidavit is named after the person who swears it — the deponent. Where a matter has several affidavits, this is how the court and the other side tell them apart.
Order 19 r.4 of the Civil Procedure Rules requires every affidavit to state the description, true place of abode and postal address of the deponent, and the age if the deponent is a minor. All three are in this sentence. "True place of abode" means where you actually live, not a post office box or an office — the postal address is required separately. The sentence begins "I" because r.5 requires the affidavit to be drawn in the first person.
Order 19 r.5 of the Civil Procedure Rules requires the affidavit to be divided into paragraphs numbered consecutively, each confined as nearly as may be to a distinct portion of the subject — which is why each paragraph carries one fact rather than a narrative. Order 19 r.3(1) confines an affidavit to facts the deponent can prove of their own knowledge; only in interlocutory proceedings, or by leave of the court, may it contain statements of information and belief, and then it must show the sources and grounds of them. Under r.3(2) the costs of an affidavit that unnecessarily sets out hearsay, argument, or copies of or extracts from documents are paid by the party who filed it — so annex documents and refer to them, as paragraph 5 does, rather than quoting them at length.
The proviso to Order 19 r.3(1) of the Civil Procedure Rules allows statements of information and belief in interlocutory proceedings or by leave of the court, but only "showing the sources and grounds thereof". A paragraph that says "I am informed and believe" without naming who informed you and why you believe them does not satisfy the rule. Order 19 r.6 lets the court strike out matter that is scandalous, irrelevant or oppressive, so keep to what bears on the issue.
Section 5 of the Oaths and Statutory Declarations Act requires the commissioner for oaths to state truly in the jurat at what place and on what date the affidavit is taken — so the place and the date are the two things the jurat must carry, and they must be the real ones. Section 4(1) lets a commissioner for oaths take an affidavit anywhere in Kenya, but its proviso bars them from doing so in a matter in which they are the advocate for a party, or clerk to such an advocate, or in which they are interested. 🔴 Your own advocate in the case cannot commission your affidavit. Under section 12, a magistrate or the Registrar or Deputy Registrar of a superior or subordinate court may do anything a commissioner for oaths may do.
A filing footer so the registry and the other side know where the document came from and where to send anything in reply. No Act we hold prescribes its wording.
The provisions, in the Act’s own words
Spacing is normalised for reading. Every word is the Act’s.
The court may receive any affidavit sworn for the purpose of being used in any suit notwithstanding any defect by misdescription of the parties or otherwise in the title or other irregularity in the form thereof or on any technicality.
Every affidavit shall state the description, true place of abode and postal address of the deponent, and if the deponent is a minor shall state his age.
Every affidavit shall be drawn in the first person and divided into paragraphs numbered consecutively which shall be confined as nearly as may be to a distinct portion of the subject.
(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove: Provided that in interlocutory proceedings, or by leave of the court, an affidavit may contain statements of information and belief showing the sources and grounds thereof. (2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter or copies of or extracts from documents, shall (unless the court otherwise directs) be paid by the party filing the same.
The court may order to be struck out from any affidavit any matter which is scandalous, irrelevant or oppressive.
Every commissioner for oaths before whom any oath or affidavit is taken or made under this Act shall state truly in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.
A commissioner for oaths may, by virtue of his commission, in any part of Kenya, administer any oath or take any affidavit for the purpose of any court or matter in Kenya … Provided that a commissioner for oaths shall not exercise any of the powers given by this section in any proceeding or matter in which he is the advocate for any of the parties to the proceeding or concerned in the matter, or clerk to any such advocate, or in which he is interested.
A magistrate, the Registrar or Deputy Registrar of a superior court or subordinate court may administer any oath or affirmation or take any affidavit or statutory declaration (voluntarily made and subscribed in accordance with the provisions of Part III) which might lawfully be administered or taken by a commissioner for oaths appointed under Part II.