OathsandStatutoryDeclarationsAct Cap15
OathsandStatutoryDeclarationsAct Cap15
OathsandStatutoryDeclarationsAct Cap15
CHAPTER 15
CHAPTER 15
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
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Oaths and Statutory Declarations
CHAPTER 15
PART I – PRELIMINARY
1. Short title
This Act may be cited as the Oaths and Statutory Declarations Act.
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(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.
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(b) interpreters of questions put to, and evidence given by, witnesses.
[Act No. 42 of 1954, s. 2.]
(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.
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SCHEDULE
[Section 8.]
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[Subsidiary]
CHAPTER 15
SUBSIDIARY LEGISLATION
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[Subsidiary]
1. These Rules may be cited as the Oaths and Statutory Declarations Rules.
2. An advocate who has practised in Kenya for not less than three years may apply to
the Chief Justice to be appointed a commissioner for oaths.
3. All applications under rule 2 shall be in writing, shall state the period during which the
applicant has practised in Kenya and the date upon which his name was entered upon the
Roll of Advocates, and shall be accompanied by a certificate signed by two other
practising advocates and two householders to the effect that the applicant is a fit and
proper person to be so appointed.
4. Applications shall be lodged with the Registrar of the High Court, who shall notify the
applicant of the decision of the Chief Justice thereon.
5. On an advocate paying the prescribed fees and signing the Roll of Commissioners, a
commission shall be issued to him in the form in the First Schedule.
6. A commissioner for oaths shall be entitled to charge fees in accordance with those
prescribed in the Second Schedule in respect of the matters therein mentioned.
7. A commissioner for oaths before administering an oath must satisfy himself that the
person named as the deponent and the person before him are the same, and that such
person is outwardly in a fit state to understand what he is doing.
8. The power to revoke a commission conferred by section 2 of the Act shall not be
exercised until the commissioner whose conduct is in question has been given an
opportunity of being heard against any such order of revocation.
9. All exhibits to affidavits shall be securely sealed thereto under the seal of the
commissioner, and shall be marked with serial letters of identification.
10. The forms of jurat and of identification of exhibits shall be those set out in the Third
Schedule.
FIRST SCHEDULE
[Rule 5.]
A COMMISSION
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[Subsidiary]
........................................................ , 20 ...........
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[Subsidiary]
FIRST SCHEDULE—continued
.............................................................................
Chief Justice
St.
L.S.
SECOND SCHEDULE
[Rule 6.]
FEES
KSh. cts.
1. For taking an affidavit or declaration ................................................ 17 50
2. For every exhibit thereto .................................................................. 6 50
3. For attending to administer an oath or affirmation or to take a
declaration elsewhere than at the office of the commissioner, in
addition to the ordinary fee thereon, for every quarter-hour or part
thereof .............................................................................................. 85 00
4. For attending to administer an oath or to take a declaration outside
of the town of the commissioner’s practice ...................................... Fee at the same rate
and allowance as an
advocate may charge
for a journey from
home.
[L.N. 117/1983, s. 2.]
THIRD SCHEDULE
[Rule 10.]
FORM OF JURAT
Sworn
before me ......................................................................................................................
Declared
this ............................... day of .............................. , 20 ............., at ..................................................
.............................................................................
Commissioner for Oaths
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[Subsidiary]
THIRD SCHEDULE—continued
Sworn
before me .......................................................................................................................
Declared
this ............................... day of .............................. , 20 ............., at ..................................................
.............................................................................
Commissioner for Oaths
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