Verifying Affidavit – Kenya by wansom.ai

A Verifying Affidavit is a formal sworn statement used in Kenya to confirm the truthfulness and accuracy of pleadings filed in court. It is jurisdiction-specific to Kenya and is required under the Civil Procedure Rules, particularly for plaints, petitions, and certain originating applications. This affidavit serves as the court’s assurance that the facts set out in the accompanying pleading are true to the best of the deponent’s knowledge, information, and belief.

This document is primarily intended for plaintiffs, petitioners, applicants, company representatives, and authorised litigants who must authenticate the contents of their pleadings before they can proceed to hearing. In civil suits, it must accompany a plaint; in constitutional petitions and judicial review matters, it plays a central role in verifying the factual foundation upon which the legal claims are based. For corporate entities, the affidavit is sworn by a director, secretary, or other authorised officer.

A Verifying Affidavit typically includes the deponent’s identifying details, a statement confirming that they have read the pleading, an affirmation that the allegations are true, and a declaration that any information received from others is properly sourced. Courts rely on this affidavit to prevent frivolous, false, or speculative claims and to ensure accountability in the litigation process.

The affidavit must be sworn before a Commissioner for Oaths or Magistrate, making it legally binding. It is an essential procedural document for any litigant seeking to initiate or defend proceedings in Kenyan courts, ensuring that all pleadings are grounded in verified, credible facts and compliant with procedural requirements.