Affidavit of Service in Kenya by wansom.ai

An Affidavit of Service is a formal sworn statement used by process servers, litigants, and legal practitioners in Kenya to prove that court documents have been duly served upon the opposing party. This document is jurisdiction-specific to Kenya and is commonly filed in the High Court, Magistrates’ Courts, and specialised divisions to demonstrate proper service of pleadings, notices, hearing dates, or other legal process required under Kenyan civil procedure rules. It is especially essential in civil litigation where the court must be satisfied that a defendant or respondent has received adequate notice before proceedings can continue.

This affidavit is designed for licensed process servers, advocates, and parties acting in person who need to provide verifiable evidence of the date, manner, and circumstances of service. It typically includes details such as the identity of the process server, the document served (e.g., hearing notice, summons, notice to show cause), the address or location where service occurred, and the reaction or conduct of the recipient at the time of service. The affidavit also records instances where the recipient refuses to sign acknowledgment, ensuring the service remains legally valid under the Civil Procedure Rules.

This template is useful for law firms, advocates, and litigants who must attach a reliable service record to court filings. It must be sworn before a Commissioner for Oaths or Magistrate, making it an essential evidentiary document that upholds procedural fairness and prevents disputes over proper notification in Kenyan court proceedings.