How to Apply for an Affidavit

An affidavit is a written statement of facts sworn before a person who has authority to administer an oath. (Commissioners of oath). They can be judges, magistrates, advocates etc.

Great care is needed while drafting an affidavit as they should confine to such facts that the deponent should be able to affirm that they are the truth to the best of their knowledge and can prove if need be.

An affidavit should;

• Have the full physical description of the deponent.
• Contain the postal address(phone no. can be included) of the deponent
• It should be drawn in the first person.
• Should be divided into paragraphs each dealing with a specific subject.
• If you are swearing an affidavit on behalf of several applicants, you must say so in the affidavit. If you don’t indicate that your Affidavit will be found to be fatally defective.
• It should be dated and signed and indicate the place i.e. signed in Nairobi on this day of…

The general rule is that the manner of proving facts in a court of law is by oral evidence; however, sometimes the court may order that evidence be presented to the court by way of an Affidavit.