In correspondence with the Research Directorate, a lawyer from TripleOKlaw Advocates, a Kenyan law firm specializing in areas such as banking, intellectual property and procurement (The Legal 500 nd), said that the process of obtaining an affidavit in Kenya follows the three underestimated steps: Essentially, there is no difference in preparing an affidavit and affidavit. The only difference is that affidavits are used in out-of-court proceedings, while affidavits are generally used in court, statements are used in non-contentious cases, while affidavits are used in contentious cases, and statements are not sworn under oath in court, but they are still ordered by an oath commissioner. Counsel for Ashitiva and Company Associates said the affidavits also include the respondent`s ID card or passport number (July 29, 2016). Confirmatory and additional information on the security features of the affidavits could not be found among the sources consulted by the Research Directorate within the time frame set out in this response. Counsel for TripleOKlaw Advocates pointed out that the “only” way to verify an affidavit is to ask the judge, affidavit or notary who was present when the depositor signed the affidavit (July 28, 2016). Similarly, counsel for Daly & Inamdar Advocates stated that “[t]he lawyer may go so far as to obtain the contact information of the Commissioner of Oaths and the Notary and call them to confirm that the affidavit has been sworn by the representative specified before him” (July 28, 2016). Lawyer for TripleOKlaw Advocates stated that all commissioners of the oath and notaries “must have a valid certificate of practice for the current year” and that a notary must also have an “annual notarial deed” that could help determine whether the issuer was authorized to sign the document at that time (lawyer at TripleOKlaw Advocates on July 28, 2016). In addition, sources suggest that “lists of commissioners” are maintained by the Chancellor of the Supreme Court (ibid.; Kituo Cha Sheria, July 29, 2016) and the Chief Justice, whom “the Commissioner must have signed” (ibid.). The lawyer for Ashitiva and Company Associates also pointed out that the list of commissioners is open to the public and that the name of the commissioner of oaths can also be confirmed by the Law Society of Kenya (29 July 2016). If you have any questions about the content of the documents and the impact of your signature, the ACS unit can provide a list of Kenyan lawyers that you can consult, or you can consult a lawyer in the United States.
The affidavit of the same person is usually used when a person discovers a document that has a different name than the one they normally use. The difference may be due, among other things, to incorrect spelling of the name, a missing first or last name, or even an additional name. In order to determine that the two documents, although they have a different name, refer to the same person, an affidavit is written by the same person. Sources said there were fraudulent affidavits in Kenya (Kituo Cha Sheria, July 29, 2016; Lawyer at Gitonga-Mwangi & Company Advocates July 29, 2016; Lawyer at TripleOKlawAdvocates 28 July 2016). Lawyer for TripleOKlaw Advocates argued that forgeries and fraudulent affidavits are “in abundance” in the country (ibid.). The same source stated that “[t]he people” falsifies the signatures and stamps of judges, affidavits and notaries (ibid.). Counsel for Gitonga-Mwangi & Company Advocates pointed out that fraudulent affidavits are “likely, but it is “difficult to judge when there are no statistics” (July 29, 2016). Counsel for Daly & Inamdar Advocates pointed out that “although there are fraudulent affidavits, we cannot determine the frequency of such practices” (July 28, 2016). Many government agencies require affidavits for all types of applications and processes when they want to be more comfortable with the facts presented to them. The lawyer for daly & Inamdar Advocates stated that affidavits “are usually written by lawyers” and “approved before an oath/notary/judicial officer” that “must be different from the lawyer who drafted the affidavit” (Lawyer at Daly & Inamdar Advocates July 28, 2016). The same source pointed out that the “Deponent appears personally before the [c]ommissioner for [o]aths” (ibid.). Sources have suggested that notaries can also take and take an oath (Lawyer at TripleOKlaw Advocates July 28, 2016; Lawyer at Daly & Inamdar Advocates on July 28, 2016).
In correspondence with the Research Directorate, a lawyer from Daly & Inamdar Advocates, a Kenyan law firm specializing in corporate law, commercial and real estate law, as well as civil litigation and arbitration (Daly & Inamdar Advocates nd), said that documents indicating the true and correct name of the affant, such as a birth certificate, a baptismal certificate, identification cards, contracts, financial records, school records, etc., should be listed, and copies of these documents must be attached to the affidavit as proof that the name on the documents is the name commonly used by the affier. ______ Kenya requires all foreigners who marry in Kenya, whether they marry other foreigners or Kenyan nationals, first prepare an affidavit of marriage, notarized by their own country`s embassy, confirming that they are legally free to marry. The affidavit is available from the Embassy. Information on the existence of a register of affidavits issued by the court could not be found among the sources consulted by the Research Directorate within the time limits set out in this response. Sources have stated that anyone is allowed to make an affidavit, with the exception of minors or people who are mentally unable to understand the oath (lawyer at Ashitiva and Company Advocates July 29, 2016; Lawyer at TripleOKlaw Advocates on July 28, 2016).