An affidavit is a written statement of facts that the maker — known as the deponent — swears or affirms to be true. It is used whenever a court, a government office, or another institution needs a formal, personal account of facts that someone is prepared to stand behind under oath. Because it is made under oath, an affidavit is a legally significant document: knowingly stating something false in one is a serious matter and can amount to perjury.
The format of an affidavit is consistent. It opens with the deponent's details — full name, identity card or passport number, and address. The body then sets out the facts in numbered paragraphs, written in the first person, with one clear fact per paragraph and in the order things happened. It closes with the jurat: the block confirming that the affidavit was sworn or affirmed before a Commissioner for Oaths, showing the place and date and carrying the commissioner's signature and official stamp.
An affidavit is only valid once it has been sworn or affirmed before a Commissioner for Oaths or a Notary Public. Writing and signing the document on your own is not enough — the deponent has to sign it in front of the commissioner, who administers the oath or affirmation and then completes the jurat. Many practising advocates in Kenya are also Commissioners for Oaths, so most law firms can do this. You may choose to swear, which is a religious oath, or to affirm, which is a solemn non-religious declaration; both carry the same legal weight. The commissioner charges a small fee for the service — confirm the current amount with the commissioner or your advocate.
Affidavits cover a wide range of everyday matters in Kenya: reporting the loss of a national ID, passport, academic certificate, or vehicle logbook; confirming that two differently spelled names belong to one and the same person; stating marital or single status; giving parental consent or confirming guardianship of a child; and recording a change of particulars such as a name. It helps to remember that an affidavit confirms facts — it does not create obligations between people. Where you need to give someone authority to act for you, that is a power of attorney; where two parties are agreeing terms, that is a contract; and the sale of a used vehicle in particular belongs in a written sale agreement.
The most common mistakes are writing in vague or argumentative language instead of plain, numbered statements of fact; including opinion or hearsay rather than what the deponent personally knows; and signing the document beforehand instead of in the commissioner's presence. Leaving out the identity and address details that let an institution verify who made the affidavit is another. Keep each paragraph to a single fact, attach copies of any documents you refer to, and carry your original identification when you go to swear it. This guide is general information, not legal advice — for anything headed to court or with significant legal consequences, have an advocate draft or review the affidavit.