Although an affidavit and a statutory declaration may seem similar at first glance, they are distinct in how they are used and the legal obligations they carry.

Affidavits

An affidavit is a sworn statement made under oath or affirmation. The deponent (person making the affidavit) swears or affirms that the contents are true, before a Commissioner for Oaths, Notary Public, or Magistrate. By swearing an oath, the deponent legally binds themselves to the truthfulness of the facts presented. Affidavits are most commonly used in court proceedings to provide evidence or confirm facts. For example, in a civil case, an affidavit might be used to verify the service of legal documents or present factual evidence without requiring a witness to appear in court.

Legal Reference: Affidavits in Kenya are governed under the Oaths and Statutory Declarations Act, which outlines how affidavits should be sworn and the consequences of submitting false information. Providing false statements in an affidavit constitutes perjury, a criminal offence punishable by law.

Statutory Declaration

A statutory declaration, on the other hand, is a formal statement declaring that certain facts are true, but it is not made under oath. Instead, the declaration is simply made in the presence of a Commissioner for Oaths or Magistrate. Statutory declarations are often used in administrative and non-judicial matters, such as verifying identity for public records or confirming ownership of property. The most common use of a statutory declaration is when one applies to change their name.

Legal Reference: Like affidavits, statutory declarations are also governed by the Oaths and Statutory Declarations Act. While they carry significant legal weight, the penalties for making a false statutory declaration, though serious, do not involve perjury charges. However, the law still imposes penalties for knowingly submitting false information under a statutory declaration.

Key Differences between Affidavits and Statutory Declarations:

• Oath: Affidavits are sworn under oath or affirmation, whereas statutory declarations are not.
• Use: Affidavits are primarily used in legal proceedings, while statutory declarations are commonly used in non-legal matters.
• Consequences: False statements in an affidavit can lead to perjury charges, while a false statutory declaration results in penalties under the relevant statute but is not perjury.

Examples:

• Affidavit: A party in a property dispute swears an affidavit confirming ownership details and supporting documents.
• Statutory Declaration: A person declares ownership of a business or confirms details for a passport application.

Conclusion:

Understanding the difference between an affidavit and a statutory declaration is crucial, as both serve important legal and administrative functions. Whether you’re involved in court proceedings or need to confirm facts for official purposes, ensuring accuracy in either document is vital to avoid legal consequences.

If you need assistance with drafting an affidavit or statutory declaration, reach out to Wacu Mureithi & Co. Advocates. Our team of experienced legal professionals will guide you through the process to ensure your documents comply with Kenyan law.