Need an affidavit for a lost ID, a change of name or a court case? Here is what a Commissioner for Oaths does and how to get your documents commissioned quickly.
Many everyday processes in Kenya — replacing a lost document, correcting a name, applying for a passport or filing a court case — require a sworn document. That is where a Commissioner for Oaths in Kenya comes in. This guide explains what commissioners do, the documents they handle, and what to bring.
What is a Commissioner for Oaths?
A Commissioner for Oaths is an advocate appointed by the Chief Justice under the Oaths and Statutory Declarations Act (Cap. 15) to administer oaths and take affidavits and statutory declarations. By swearing or affirming before a commissioner, you confirm that the contents of your document are true — and giving false information is a serious offence.
What is an affidavit?
An affidavit is a written statement of facts sworn on oath or affirmed. Common affidavits in Kenya include:
- Affidavit for a lost ID, certificate, title deed or logbook
- Change of name or correction of name
- Affidavit of marriage, birth or age
- Affidavit of support or residence
- Supporting affidavits for court applications
What is a statutory declaration?
A statutory declaration is similar to an affidavit but is usually made for non-court purposes — for example to confirm facts to a government agency, bank or employer.
Certified copies
A commissioner can compare a photocopy with the original and certify it as a true copy. This is commonly required for IDs, passports, academic certificates and transcripts, especially for applications abroad.
Commissioner for Oaths vs Notary Public
A Notary Public, appointed under the Notaries Public Act, authenticates documents and signatures — particularly those intended for use outside Kenya, such as powers of attorney, company documents and academic papers for foreign institutions. Many advocates, including at our firm, hold both appointments.
What to bring
- Your original national ID or passport
- The document to be commissioned — unsigned, because you must sign in the commissioner's presence
- Any documents referred to in the affidavit (the "annexures")
- Originals and copies, where you need certified copies
Step by step: getting an affidavit commissioned
- Prepare the affidavit — typed, stating facts in numbered paragraphs, in the first person
- Bring it unsigned, together with your original ID or passport and any annexures
- Swear or affirm before the commissioner that the contents are true
- Sign in the commissioner's presence; the commissioner then signs and stamps the jurat
- Collect your document — ready to submit to the court, registry, bank or agency
Common affidavits and where they are used
| Affidavit | Typically required by |
|---|---|
| Loss of ID, logbook or certificate | Registration of Persons, NTSA, institutions |
| Change or correction of name | Civil registration, schools, banks, KRA |
| Marriage or single status | Embassies, employers, insurers |
| Support or sponsorship | Visa and student applications |
| Supporting affidavit | Courts, for applications and pleadings |
Why a commissioned document may be rejected
- The deponent signed before appearing before the commissioner
- Missing commissioner's name, signature, stamp, date or place
- Annexures not marked and referred to in the affidavit
- Incorrect details — such as a name that doesn't match the ID
- Documents for use abroad that also needed notarisation or further authentication
Affidavit vs statutory declaration
| Feature | Affidavit | Statutory declaration |
|---|---|---|
| Main use | Court proceedings and many official processes | Confirming facts outside court proceedings |
| Made before | Commissioner for Oaths | Commissioner for Oaths or other authorised officer |
| Form | Sworn or affirmed statement of facts | Solemn declaration in the prescribed form |
| False statements | Criminal offence | Criminal offence |
Can someone else swear on my behalf?
Generally, no. The person who knows the facts — the deponent — must personally appear, swear or affirm, and sign. For a company, an authorised director or officer swears on its behalf. If you are outside Kenya, you can usually swear the document before a notary public or a Kenyan consular officer in the country where you are. Never let anyone sign your name on a sworn document.
Documents for use outside Kenya
Foreign universities, employers and governments often require documents to be notarised and sometimes further authenticated by the relevant government office and embassy before they are accepted. Requirements differ from country to country, so always check with the receiving institution first. Our Notary Public can advise on the correct sequence and prepare the notarial certificate.
Independence matters
The law requires the commissioner to be independent: a commissioner cannot administer an oath in a matter where they act as advocate for a party or have an interest. If we prepare your affidavit as your advocates, we will arrange for it to be commissioned independently.
Same-day service in Juja
Looking for a commissioner for oaths in Kenya near Juja, Ruiru or Thika? Our Commissioners for Oaths and Notary Public at Juja Professional Centre offer walk-in, same-day service during office hours. Learn more about our commissioning and notarial services.
Frequently asked questions
Wangu Kariuki
Wangu Kariuki is an Advocate of the High Court of Kenya, Commissioner for Oaths and Notary Public, and the founding force behind the firm. Her practice spans conveyancing and real estate, succession,…
