Kenya Act or statute

Parliament of Kenya

Oaths and Statutory Declarations Act

The Act's short title is "Oaths and Statutory Declarations Act." The Chief Justice may appoint practising advocates as commissioners for oaths and may revoke such appointments; the named commissio…

Jurisdiction: Kenya
Structure: 21 provisions
Citation: Cap. 15
Dates: As at 26 Apr 2024

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Dates: As at 26 Apr 2024

Source attribution: Source: Kenya Law

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“The Act's short title is "Oaths and Statutory Declarations Act."”

The Act's short title is "Oaths and Statutory Declarations Act." The Chief Justice may appoint practising advocates as commissioners for oaths and may revoke such appointments; the named commissioner must pay a thirty-shilling stamp, and the appointment must be published in the Gazette. Advocates appointed as commissioners for oaths must sign a roll when appointed; the roll must be kept by the Chief Registrar of the Judiciary. A commissioner for oaths may administer oaths, take affidavits and take bail or recognizance for purposes of courts and matters in Kenya, but shall not exercise those powers in proceedings where he is advocate, clerk to an advocate, or otherwise interested; he is entitled to charge fees authorized by rules of court. A commissioner for oaths must state, in the jurat or attestation, the place and date when an oath or affidavit is taken or made.

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PRELIMINARY - 1. Short title

The Act's short title is "Oaths and Statutory Declarations Act."

Section 1

COMMISSIONERS FOR OATHS - 6. Rules of court under Part

The Chief Justice may make rules of court to implement this Part and to set fees payable to commissioners for oaths.

Section 6

STATUTORY DECLARATIONS - 9. Fees payable on declarations

When anyone makes and signs a declaration under this Act, the same fees shall be payable as for taking or making a legal oath, solemn affirmation or affidavit.

Section 9

OATHS AND AFFIRMATIONS - 16. Form of affirmation

Requires that every affirmation use the words: "I, A.B., do solemnly, sincerely and truly declare and affirm," then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness.

Section 16

OATHS AND AFFIRMATIONS - 21. Validity of oath not affected by absence of religious belief

If an oath was duly administered and taken, the person’s lack of religious belief at that time does not affect the oath’s validity.

Section 21

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Source record from new.kenyalaw.org · As at 26 Apr 2024

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Showing 21 of 21 provisions

Provision 17Offence 3Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act's short title is "Oaths and Statutory Declarations Act."

Section 1. Short title Section This Act may be cited as the Oaths and Statutory Declarations Act.

Section 1Verify source

Part II

COMMISSIONERS FOR OATHS

§ 2COMMISSIONERS FOR OATHS - 2. Appointment of commissioners for oathsProvision

The Chief Justice may appoint practising advocates as commissioners for oaths and may revoke such appointments; the named commissioner must pay a thirty-shilling stamp, and the appointment must be published in the Gazette.

Section 2. Appointment of commissioners for oaths Section 2(1) The Chief Justice may, by commission signed by him, appoint persons being practising advocates to be commissioners for oaths, and may revoke any such appointment. Section 2(2) Each commission by which any commissioner for oaths is appointed shall bear a stamp of the value of thirty shillings, to be paid for by the commissioner for oaths therein named; but no other charge or fee shall be made or be payable in respect of the appointment or in respect of anything required to be done to perfect it. Section 2(3) After the commission has been signed and stamped the appointment of the person therein named as a commissioner for oaths shall be forthwith published in the Gazette .

Section 2Verify source

§ 3COMMISSIONERS FOR OATHS - 3. Commissioner for oaths to sign rollProvision

Advocates appointed as commissioners for oaths must sign a roll when appointed; the roll must be kept by the Chief Registrar of the Judiciary.

Section 3. Commissioner for oaths to sign roll Section Every advocate appointed a commissioner for oaths shall, on appointment, sign a roll, which shall be kept by the Chief Registrar of the Judiciary. [Act No. 3 of 2024 , Sch.]

Section 3Verify source

§ 4COMMISSIONERS FOR OATHS - 4. Powers of commissioner for oathsProvision

A commissioner for oaths may administer oaths, take affidavits and take bail or recognizance for purposes of courts and matters in Kenya, but shall not exercise those powers in proceedings where he is advocate, clerk to an advocate, or otherwise interested; he is entitled to charge fees authorized by rules of court.

Section 4. Powers of commissioner for oaths Section 4(1) A commissioner for oaths may, by virtue of his commission, in any part of Kenya, administer any oath or take any affidavit for the purpose of any court or matter in Kenya, including matters ecclesiastical and matters relating to the registration of any instrument, whether under an Act or otherwise, and take any bail or recognizance in or for the purpose of any civil proceeding in the High Court or any subordinate court: Provided that a commissioner for oaths shall not exercise any of the powers given by this section in any proceeding or matter in which he is the advocate for any of the parties to the proceeding or concerned in the matter, or clerk to any such advocate, or in which he is interested. Section 4(2) A commissioner for oaths shall, in the exercise of any of the powers mentioned in subsection (1), be entitled to charge and be paid such fees as may be authorized by any rules of court for the time being.

Section 4Verify source

§ 5COMMISSIONERS FOR OATHS - 5. Particulars to be stated injurator attestation clauseProvision

A commissioner for oaths must state, in the jurat or attestation, the place and date when an oath or affidavit is taken or made.

Section 5. Particulars to be stated injurator attestation clause Section Every commissioner for oaths before whom any oath or affidavit is taken or made under this Act shall state truly in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.

Section 5Verify source

§ 6COMMISSIONERS FOR OATHS - 6. Rules of court under PartProvision

The Chief Justice may make rules of court to implement this Part and to set fees payable to commissioners for oaths.

Section 6. Rules of court under Part Section The Chief Justice may make rules of court for the better carrying into effect of this Part and for fixing the amount of the fees payable to commissioners for oaths.

Section 6Verify source

§ 7COMMISSIONERS FOR OATHS - 7. Penalty for unlawfully acting as commissioner for oathsOffence

Persons who falsely present themselves as commissioners for oaths or take fees as such, without appointment under this Act, commit an offence and face fines (up to six hundred shillings for a first offence; two thousand shillings or imprisonment up to six months, or both, for a second offence).

Section 7. Penalty for unlawfully acting as commissioner for oaths Section Any person who holds himself out as a commissioner for oaths or receives any fee or reward as a commissioner for oaths shall, unless he has been appointed as such under this Act, be guilty of an offence and, in addition to any other penalty or punishment to which he may be liable by any law in force, be liable to a fine not exceeding six hundred shillings, and for a second offence, in addition to any other penalty or punishment, shall be liable to a fine of two thousand shillings or imprisonment for a term not exceeding six months or to both such fine and imprisonment.

Section 7Verify source

Part III

STATUTORY DECLARATIONS

§ 10STATUTORY DECLARATIONS - 10. Mode of referring to declarationProvision

A declaration made under this Act may be referred to in any Act or other legal document as a statutory declaration.

Section 10. Mode of referring to declaration Section A declaration made under this Act may be referred to in any Act or other legal document as a statutory declaration.

Section 10Verify source

§ 11STATUTORY DECLARATIONS - 11. Penalty for false declarationOffence

Making a knowingly false statement in a statutory declaration is an offence punishable by up to two years' imprisonment, a fine up to two thousand shillings, or both.

Section 11. Penalty for false declaration Section If any person knowingly and wilfully makes any statement which is false in a material particular in a statutory declaration he shall be guilty of an offence and liable to imprisonment for a term not exceeding two years or to a fine not exceeding two thousand shillings, or to both such imprisonment and fine.

Section 11Verify source

§ 8STATUTORY DECLARATIONS - 8. Power to take declarationsProvision

A magistrate or commissioner for oaths may take a person's declaration if the person voluntarily makes and subscribes it before that officer in the form in the Schedule.

Section 8. Power to take declarations Section A magistrate or commissioner for oaths may take the declaration of any person voluntarily making and subscribing it before him in the form in the Schedule. [Act No. 10 of 1983 , Sch.]

Section 8Verify source

§ 9STATUTORY DECLARATIONS - 9. Fees payable on declarationsProvision

When anyone makes and signs a declaration under this Act, the same fees shall be payable as for taking or making a legal oath, solemn affirmation or affidavit.

Section 9. Fees payable on declarations Section Whenever any declaration is made and subscribed by any person under this Act, the same fees or fee shall be payable as would have been payable on the taking or making of any legal oath, solemn affirmation or affidavit.

Section 9Verify source

Part IV

POWERS OF MAGISTRATES AND CERTAIN COURT OFFICERS

§ 12POWERS OF MAGISTRATES AND CERTAIN COURT OFFICERS - 12. Powers of magistrates and certain court officers to administer oathsProvision

Magistrates and the Registrar or Deputy Registrar of superior or subordinate courts have the power to administer oaths and take affidavits and statutory declarations.

Section 12. Powers of magistrates and certain court officers to administer oaths Section A magistrate, the Registrar or Deputy Registrar of a superior court or subordinate court may administer any oath or affirmation or take any affidavit or statutory declaration (voluntarily made and subscribed in accordance with the provisions of Part III) which might lawfully be administered or taken by a commissioner for oaths appointed under Part II. [Act No. 20 of 1956 , s. 2, Act No. 18 of 2018 , Sch., Act No. 3 of 2024 , Sch.]

Section 12Verify source

Part V

OATHS BY AFRICANS

§ 13OATHS BY AFRICANS - 13.[Deleted by ActNo. 18 of 2018, Sch.]Provision

Section 13 deleted by ActNo. 18 of 2018, Sch.

Section 13.[Deleted by ActNo. 18 of 2018, Sch.]

Section 13Verify source

Part VI

OATHS AND AFFIRMATIONS

§ 14OATHS AND AFFIRMATIONS - 14. Authority to administer oaths and affirmationsProvision

Courts and persons with legal or party-consent authority to receive evidence may administer oaths and affirmations themselves or via an empowered officer.

Section 14. Authority to administer oaths and affirmations Section All courts and persons having by law or consent of the parties authority to receive evidence are authorized to administer, by themselves or by an officer empowered by them in that behalf, oaths and affirmations in discharge of the duties or in exercise of the powers imposed or conferred upon them by law. [Act No. 42 of 1954 , s. 2.]

Section 14Verify source

§ 15OATHS AND AFFIRMATIONS - 15. When affirmation may be made instead of oathProvision

Persons who object to taking an oath for religious reasons are entitled to make a solemn affirmation instead, which has the same legal effect.

Section 15. When affirmation may be made instead of oath Section Every person upon objecting to being sworn, and stating, as the ground of such objection, either that he has no religious belief or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purposes where an oath is required by law, which affirmation shall be of the same effect as if he had taken the oath. [Act No. 42 of 1954 , s. 2.]

Section 15Verify source

§ 16OATHS AND AFFIRMATIONS - 16. Form of affirmationProvision

Section 16. Form of affirmation Section Every affirmation shall be as follows: "I, A.B., do solemnly, sincerely and truly declare and affirm," and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness. [Act No. 42 of 1954 , s. 2.]

Section 16Verify source

§ 17OATHS AND AFFIRMATIONS - 17. Persons by whom oaths and affirmations to be madeProvision

All persons who may lawfully be examined, or give, or be required to give, evidence before a court or person with authority must make oaths and affirmations.

Section 17. Persons by whom oaths and affirmations to be made Section all persons who may lawfully be examined, or give, or be required to give, evidence by or before any court or person having by law or consent of parties authority to examine such persons or to receive evidence;

Section 17Verify source

§ 18OATHS AND AFFIRMATIONS - 18. Forms of oathProvision

The Chief Justice may prescribe forms of oath by rules of court; until such forms are prescribed, oaths are to be administered according to the forms now in use.

Section 18. Forms of oath Section All oaths made under section 17 of this Act or section 151 of the Criminal Procedure Code (Cap. 75) shall be administered according to such forms as the Chief Justice may by rules of court prescribe, and until any such forms are so prescribed such oaths shall be administered according to the forms now in use. [Act No. 42 of 1954 , s. 2, Act No. 27 of 1961 , Sch.]

Section 18Verify source

§ 19OATHS AND AFFIRMATIONS - 19. Evidence of children of tender yearsOffence

A court or person authorized to receive evidence may accept testimony from a child of tender years even if the child does not understand an oath, provided the child has sufficient intelligence and understands the duty to speak the truth; if such a child wilfully gives false evidence that would amount to perjury if sworn, the child is guilty of an offence and may be punished as an adult with imprisonment.

Section 19. Evidence of children of tender years Section 19(1) Where, in any proceedings before any court or person having by law or consent of parties authority to receive evidence, any child of tender years called as a witness does not, in the opinion of the court or such person, understand the nature of an oath, his evidence may be received, though not given upon oath, if, in the opinion of the court or such person, he is possessed of sufficient intelligence to justify the reception of the evidence, and understands the duty of speaking the truth; and his evidence in any proceedings against any person for any offence, though not given on oath, but otherwise taken and reduced into writing in accordance with section 233 of the Criminal Procedure Code (Cap. 75), shall be deemed to be a deposition within the meaning of that section. Section 19(2) If any child whose evidence is received under subsection (1) wilfully gives false evidence in such circumstances that he would, if the evidence had been given on oath, have been guilty of perjury, he shall be guilty of an offence and liable to be dealt with as if he had been guilty of an offence punishable in the case of an adult with imprisonment. [Act No. 42 of 1954 , s. 2, Act No. 46 of 1963 , 2nd Sch.]

Section 19Verify source

§ 20OATHS AND AFFIRMATIONS - 20. Power of court to tender certain oathsProvision

The court may, if it thinks fit, tender an oath or affirmation in a form common to the witness's race or persuasion (provided it is not repugnant to justice or decency and does not affect a third person).

Section 20. Power of court to tender certain oaths Section If any party to, or witness in, any judicial proceedings offers to give evidence on oath or affirmation in any form common amongst, or held binding by, persons of the race or persuasion to which he belongs and not repugnant to justice or decency, and not purporting to affect any third person, the court may, if it thinks fit, notwithstanding anything hereinbefore contained, tender such oath or affirmation to him. [Act No. 42 of 1954 , s. 2.]

Section 20Verify source

§ 21OATHS AND AFFIRMATIONS - 21. Validity of oath not affected by absence of religious beliefProvision

If an oath was duly administered and taken, the person’s lack of religious belief at that time does not affect the oath’s validity.

Section 21. Validity of oath not affected by absence of religious belief Section Where an oath has been duly administered and taken, the fact that the person to whom it was administered had, at the time of taking the oath, no religious belief shall not for any purpose affect the validity of the oath. [Act No. 42 of 1954 , s. 2.]

Section 21Verify source

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Criminal Procedure Code
Sections 18, 19

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26 Apr 2024 · currentEnglish

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