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LAWS OF KENYA
OATHS AND STATUTORY DECLARATIONS ACT
CAP. 15
- Published in Kenya Gazette Vol. XXVIII—No. 1116 on 31 December 1926
- Assented to on 30 November 1926
- Commenced
- Note: 22nd March 1919 — Parts I and II, 30th November, 1926 — Part III, 10th July, 1931 — Part IV 27th March, 1906 — Part V, 18th October, 1954 — Part VI.
- [Amended by Missing Act (Act No. 42 of 1954) on 1 January 1954]
- [Amended by Missing Act (Act No. 20 of 1956) on 1 January 1956]
- [Amended by Law Reform (Rules of Court) Ordinance (Act No. 27 of 1961) on 26 December 1961]
- [Amended by Evidence Act (Cap. 80) on 10 December 1963]
- [Amended by The Revision of the Laws Order (No. 1), 1983 (Legal Notice 10 of 1983) on 28 January 1983]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2024 (Act No. 3 of 2024) on 26 April 2024]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Oaths and Statutory Declarations Act.Part II – COMMISSIONERS FOR OATHS
2. Appointment of commissioners for oaths
3. Commissioner for oaths to sign roll
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.]4. Powers of commissioner for oaths
5. Particulars to be stated in jurat or attestation clause
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.6. Rules of court under Part
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.7. Penalty for unlawfully acting as commissioner for oaths
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.Part III – STATUTORY DECLARATIONS
8. Power to take declarations
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.]9. Fees payable on declarations
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.10. Mode of referring to declaration
A declaration made under this Act may be referred to in any Act or other legal document as a statutory declaration.11. Penalty for false declaration
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.Part IV – POWERS OF MAGISTRATES AND CERTAIN COURT OFFICERS
12. Powers of magistrates and certain court officers to administer oaths
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.]Part V – OATHS BY AFRICANS
13. [Deleted by Act No. 18 of 2018, Sch.]
Part VI – OATHS AND AFFIRMATIONS
14. Authority to administer oaths and affirmations
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.]15. When affirmation may be made instead of oath
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.]16. Form of affirmation
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.]17. Persons by whom oaths and affirmations to be made
Subject to the provisions of section 19, oaths or affirmations shall be made by—18. Forms of oath
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.]19. Evidence of children of tender years
20. Power of court to tender certain oaths
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.]21. Validity of oath not affected by absence of religious belief
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.]History of this document
26 April 2024 this version
31 December 2022
Revised by
24th Annual Supplement
Read this version
18 January 2019
28 January 1983
Amended by
The Revision of the Laws Order (No. 1), 1983
10 December 1963
Amended by
Evidence Act
26 December 1961
Amended by
Law Reform (Rules of Court) Ordinance
01 January 1956
Amended by
Missing Act
01 January 1954
Amended by
Missing Act
31 December 1926
30 November 1926
Assented to
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Subsidiary legislation
Title
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Date
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The Commissioners for Oaths (Fees on Affidavits) Rules | Legal Notice 374 of 1956 | 31 December 2022 |