You have been asked to produce an affidavit to support your case, or a statutory declaration to confirm your change of name. What are these documents, and why must they be signed before a Commissioner for Oaths (usually an advocate of at least 5 years)? This article explains the difference, common uses, and where to find a Commissioner in Machakos.
Affidavit
An affidavit is a written statement of facts voluntarily sworn (or affirmed) before a Commissioner for Oaths. It is used as evidence in court proceedings, land registry disputes, succession cases, or applications for orders. Key elements: numbered paragraphs, the deponent’s full name and address, and a jurat (signature of the Commissioner with date and place).
Statutory Declaration
This is a written declaration made under the Statutory Declarations Act (Cap 15). It is used where no court proceeding is pending but the law requires a sworn statement – e.g., change of name, single status declaration for marriage, loss of documents, or proof of citizenship. It follows a set form (First Schedule of the Act).
Common Scenarios Requiring These Documents
- Affidavits: In support of court applications (e.g., for injunction, probate, divorce).
- Statutory declarations: When applying for a replacement title deed (lost land title), updating bank records after name change, or confirming a child’s nationality.
- Witness statements: Often in affidavit form, signed by witnesses for trial.
Procedure and Costs
Write the content first (you can draft it yourself or have an advocate draft). Take it to a Commissioner for Oaths (advocate’s office). The Commissioner will: (1) confirm your identity, (2) ask you to swear or affirm that the contents are true, (3) sign and stamp the document. Cost ranges from KES 500 to KES 2,000 per document.
Musyoka & Mutinda Advocates offers Commissioner for Oaths services at our Machakos office. We also draft affidavits and declarations for a fee.