Banks, courts, registries, and embassies routinely ask for “sworn” or “notarised” documents, often at short notice. The two terms mean different things, and using the right one for the right occasion avoids a wasted trip.
What is an affidavit?
An affidavit is a written statement of facts sworn or affirmed before a person authorised to administer oaths. In Kenya, that is most commonly an advocate acting as a commissioner for oaths, and the formalities , the jurat, the identification of the deponent, the signing in the officer’s presence , are governed by the Oaths and Statutory Declarations Act. A statutory declaration is a close relative: the same solemn form, used where a declaration rather than an oath is required. Both documents are evidence, and false statements carry serious consequences.
What is notarisation, and when is it needed?
A notary public , an advocate appointed to that office, with records maintained by the Judiciary , authenticates signatures, copies, and identities. Notarisation is most often required for documents used outside Kenya, and a document bound for a foreign authority may need further legalisation after notarisation; the receiving embassy or institution can confirm its requirements, so ask before commissioning the work.
Where and how do you get these services done?
- Attend the advocate’s office in person , the officer must witness your signature.
- Bring original documents and identification; photocopies alone will not do.
- Do not sign anything beforehand , signatures are made in the officer’s presence.
- Ask for the number of sealed copies you will need, as reissues take time.
A few errors cause most of the trouble. People sign at home and bring the document in for a “stamp”, which no officer can properly certify; originals are left behind; or the deponent’s name is spelled differently from the identity document. Each of these forces a repeat visit, so a minute of preparation before attending is well spent.
Our contract law practice handles affidavits, statutory declarations, and notarised documents for court, banking, and international use, and our real estate and conveyancing team regularly commissions the declarations required in land transactions.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.