Affidavit of Loss (Kenya)
IN THE REPUBLIC OF KENYA
AFFIDAVIT OF LOSS
I, [Deponent Name], holder of National Identity Card No. [Deponent NIC Number], of occupation [Deponent Occupation], residing at [Deponent Address], do hereby make oath and state as follows:
1. THAT I am the lawful owner of the document/item described herein and am competent to swear this affidavit.
2. THAT I was in possession of the following document/item: [Lost Item Description] (Reference/Serial No: [Lost Item Reference Number]), issued by [Issuing Authority].
3. THAT the said document/item has been lost in the following circumstances: [Circumstances Of Loss].
4. THAT I have conducted a diligent search for the said document/item and have been unable to locate it. The said document/item has not been sold, pledged, transferred, or otherwise disposed of by me to any person.
5. THAT I have obtained a Police Abstract in connection with the loss (Police Abstract No: [Police Abstract Number]).
6. THAT I am making this affidavit for the purpose of: [Purpose Of Affidavit].
7. THAT should the said document/item be found or come into my possession at any time in the future, I undertake to immediately surrender it to [Issuing Authority] or notify the relevant authority accordingly.
8. THAT what I have stated above is true to the best of my knowledge, information, and belief.
SWORN at [Swearing Location] in the Republic of Kenya
on the [Swearing Date]
DEPONENT: _________________________
Name: [Deponent Name]
BEFORE ME:
_________________________
COMMISSIONER FOR OATHS
Admission No: _______________
[OFFICIAL STAMP]
Deponent
________________
Signature
Commissioner for Oaths
________________
Signature
What Is a Affidavit of Loss (Kenya)?
An Affidavit of Loss in Kenya sets out facts attested under oath, giving them evidentiary weight in legal and administrative proceedings.
Under the Oaths and Statutory Declarations Act (Cap. 15), a Commissioner for Oaths is an advocate of the High Court of Kenya appointed by the Chief Justice, with authority to administer oaths and witness affidavits and statutory declarations for domestic use in Kenya. The Commissioner must verify the identity of the deponent, administer the oath or affirmation, witness the signing of the affidavit, and affix their official rubber stamp and signature. An affidavit sworn in Kenya without a Commissioner for Oaths or Notary Public is inadmissible as sworn evidence in any Kenyan court or government proceeding.
An Affidavit of Loss is the standard document required by Kenyan institutions when a person needs a replacement for a lost original document. The Kenya Revenue Authority (KRA) requires an Affidavit of Loss to process replacement KRA PIN certificates. The Business Registration Service (BRS) accepts Affidavits of Loss in applications to replace lost company share certificates, certificates of incorporation, and business name certificates. The National Transport and Safety Authority (NTSA) requires an Affidavit of Loss for replacement of lost driving licences and vehicle logbooks under the Traffic Act (Cap. 403). Banks regulated by the Central Bank of Kenya (CBK) and mobile money providers regulated under the National Payment System Act No. 39 of 2011 require Affidavits of Loss when account holders report lost cheque books, debit cards, or original account opening documents.
The Affidavit of Loss differs from a General Affidavit in that it is specifically focused on establishing the loss of a document or item and is typically a shorter, more targeted document. Where the lost item is a negotiable instrument — such as a promissory note, bill of exchange, or cheque — additional steps may be required under the Bills of Exchange Act (Cap. 27), including applying to the High Court for an order for indemnity before the issuer will replace the instrument.
For loss of National Identity Cards (NICs) issued under the Registration of Persons Act (Cap. 107), the procedure involves reporting the loss to the police, obtaining a Police Abstract (a written record from the police), and presenting both the Police Abstract and an Affidavit of Loss to the National Registration Bureau for a replacement NIC. Loss of a Kenyan passport requires a sworn Affidavit of Loss presented to the Department of Immigration Services under the Kenya Citizenship and Immigration Act No. 12 of 2011 alongside a Police Abstract from the nearest police station.
When Do You Need a Affidavit of Loss (Kenya)?
An Affidavit of Loss in Kenya is required whenever a government authority, financial institution, or other body demands sworn proof that an original document has been lost before issuing a replacement, and several common situations trigger this requirement.
An Affidavit of Loss is needed when a Kenyan citizen loses their National Identity Card (NIC). The National Registration Bureau requires the affidavit, alongside a Police Abstract from the nearest police station and completed NIC replacement application forms, to issue a duplicate NIC under the Registration of Persons Act (Cap. 107).
An Affidavit of Loss is required when a vehicle owner loses their motor vehicle logbook or driving licence. The National Transport and Safety Authority (NTSA) requires an Affidavit of Loss together with a Police Abstract before processing replacements under the Traffic Act (Cap. 403). NTSA has an online portal (ntsa.go.ke) but physical submission of sworn documents is still required for logbook replacements.
An Affidavit of Loss is needed when a company registered with the Business Registration Service (BRS) loses an original share certificate, certificate of incorporation, or certificate of registration of a business name. BRS requires the affidavit as part of the replacement application submitted via the eCitizen portal.
An Affidavit of Loss is required when an account holder loses a cheque book or bank card issued by a bank regulated by the Central Bank of Kenya (CBK). Banks typically require a written declaration and may request a Commissioner for Oaths-witnessed affidavit for high-value accounts or where fraud is suspected.
An Affidavit of Loss is necessary when a property owner loses an original title deed, Certificate of Lease, or caution certificate relating to land registered under the Land Registration Act No. 3 of 2012. The Ministry of Lands requires an Affidavit of Loss as part of the application to the relevant Land Registry for a replacement or certified copy of the title document.
An Affidavit of Loss is required when an academic institution, professional licensing body such as the Engineers Board of Kenya (EBK), the Kenya Medical Practitioners and Dentists Council, or the Law Society of Kenya (LSK) requires proof of loss before issuing a replacement certificate or professional licence.
What to Include in Your Affidavit of Loss (Kenya)
A Kenya Affidavit of Loss under the Oaths and Statutory Declarations Act (Cap. 15) must contain the following essential elements to be valid and accepted by Kenyan authorities.
Caption and Jurisdiction: The affidavit must begin with the statement: "IN THE REPUBLIC OF KENYA" followed by "AFFIDAVIT OF LOSS". This formal header confirms the document is a sworn statement made in Kenya and subject to Kenyan law.
Deponent's Identity: The full legal name, National Identity Card (NIC) number, residential address (ward, sub-county, county), and occupation of the deponent. The Commissioner for Oaths must verify the deponent's identity against their original NIC or passport before administering the oath. Any discrepancy between the name in the affidavit and the deponent's NIC will cause the affidavit to be rejected by government authorities.
Description of the Lost Item: A precise description of the lost document or item — the type of document (e.g., National Identity Card, Title Deed, Share Certificate), its reference number, issue date, and the name of the issuing authority (e.g., BRS, NTSA, Ministry of Lands, Kenya Revenue Authority). Vague descriptions such as "my identity documents" will not be accepted — each lost document requires a separate affidavit or a single affidavit listing each item with its specific details.
Circumstances of Loss: A clear factual account of how and when the item was lost — the date the loss was discovered, the location, and the circumstances (e.g., stolen from a vehicle in Nairobi on a specified date, or misplaced during relocation). The deponent must state whether a Police Abstract was obtained — required for loss of NICs, passports, and vehicle documents under the relevant statutes.
Confirmation of Search and Non-Recovery: The deponent must state that they have conducted a diligent search and have been unable to locate the item, and that the item has not been pledged, sold, or otherwise disposed of to any third party.
Undertaking to Return: A sworn undertaking that if the lost item is found or returned to the deponent, they will immediately surrender the original to the issuing authority or notify the relevant body. This undertaking protects against fraud where a person swears a loss affidavit to obtain a replacement while the original is still in existence.
Commissioner for Oaths Attestation: The jurat — the formal attestation clause — must record the deponent's name, the date and place of swearing, and the Commissioner for Oaths' signature, admission number, and official rubber stamp. The forms-legal.com Affidavit of Loss template includes a compliant jurat formatted for use in Kenya.
Note on Police Abstract: For loss of NICs, passports, driving licences, and logbooks, the Police Abstract from the nearest police station should be obtained before swearing the affidavit, as many institutions require both documents to be presented together. Under Kenya law, Section 3 of the Companies Act 2015 (No. 17 of 2015) and Section 25 of the Data Protection Act 2019 (No. 24 of 2019) govern the core requirements for this type of document. Under Kenya law, Section 15 of the Employment Act 2007 (No. 11 of 2007) and Section 10 of the Law of Contract Act (Cap 23) govern the core requirements for this type of document.
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Reference this free template in an article, syllabus, or research note:
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Frequently Asked Questions
An Affidavit of Loss in Kenya must be sworn before a Commissioner for Oaths or a Notary Public — not simply before any witness. A Commissioner for Oaths is an advocate of the High Court of Kenya appointed by the Chief Justice under the Oaths and Statutory Declarations Act (Cap. 15). The Commissioner must verify the deponent's identity by inspecting their original National Identity Card (NIC) or passport, administer the oath or affirmation, witness the deponent signing the affidavit, and then sign and affix their official rubber stamp on the jurat. The Commissioner's stamp includes their name, admission number, and the words "Commissioner for Oaths" — without this stamp, the affidavit is not validly sworn. A Notary Public appointed by the Chief Justice under Section 6 of the Oaths and Statutory Declarations Act has additional powers to certify documents for international use and to issue apostille-ready notarial acts. Commissioners for Oaths are found at law firms across Kenya — in Nairobi, Mombasa, Kisumu, Nakuru, Eldoret, and other towns. The fee for swearing an affidavit before a Commissioner for Oaths in Kenya is typically KES 300 to KES 1,000 per affidavit.
Whether a Police Abstract is required alongside an Affidavit of Loss depends on the type of document lost and the requirements of the replacing authority. For National Identity Cards (NICs) under the Registration of Persons Act (Cap. 107), the National Registration Bureau requires both a Police Abstract from the nearest police station and a sworn Affidavit of Loss. For motor vehicle logbooks and driving licences under the Traffic Act (Cap. 403), the National Transport and Safety Authority (NTSA) requires a Police Abstract before processing replacements. For passports, the Department of Immigration Services under the Kenya Citizenship and Immigration Act No. 12 of 2011 requires a Police Abstract and Affidavit of Loss. For company documents lost by a BRS-registered company — share certificates, certificates of incorporation — the Business Registration Service typically does not require a Police Abstract but does require a sworn Affidavit of Loss. For title deeds and land documents, the Ministry of Lands requires an Affidavit of Loss; a Police Abstract is advisable but not always mandated. For bank documents and cheque books, individual bank policies vary, but most Central Bank of Kenya (CBK)-regulated institutions do not require a formal Police Abstract. Always check the specific requirements of the replacing institution before swearing the affidavit, as requirements can change.
Under Kenyan law, an Affidavit of Loss contains a sworn undertaking that the deponent will return or surrender the original document to the issuing authority if it is subsequently found. Failing to honour this undertaking exposes the deponent to potential liability for making a false declaration under the Oaths and Statutory Declarations Act (Cap. 15), as well as for fraud where the recovered original is used alongside the replacement. The practical consequence is that for identity documents — National Identity Cards (NICs), passports, and driving licences — using the original document after a replacement has been issued is an offence under the Registration of Persons Act (Cap. 107) and the Kenya Citizenship and Immigration Act No. 12 of 2011 respectively, because only one valid document of each type should exist for any individual at a time. For title deeds and land documents, holding both the original and a replacement creates a title risk — the Ministry of Lands should be notified immediately if the original title deed is recovered after a replacement has been issued, to prevent fraudulent double-dealing in the property. For share certificates, the Companies Act No. 17 of 2015 requires the company to cancel the replacement certificate if the original is returned. Returning the original to the issuing authority promptly when found is always the legally correct course of action.
An Affidavit of Loss sworn before a Commissioner for Oaths in Kenya is valid for domestic use in Kenya but may require additional authentication for use in foreign countries. Kenya acceded to the Hague Apostille Convention in 2021, and apostilles are issued by the High Court Registrar in Nairobi. An apostille authenticates the signature and seal of the Commissioner for Oaths and makes the document acceptable in all 124 Hague Convention member states without further legalisation. For countries that are not members of the Hague Apostille Convention, the affidavit must be authenticated through the Ministry of Foreign Affairs of Kenya (consular legalisation) and then by the target country's embassy or consulate in Kenya. Where the affidavit will be used in another Commonwealth country — such as the United Kingdom, Canada, or Australia — the apostille process is typically sufficient. The fee for an apostille from the High Court Registrar in Kenya is approximately KES 500 to KES 1,000 per document. If the loss occurred outside Kenya, the affidavit may need to be sworn before a Kenyan consulate or embassy officer abroad, which also constitutes a valid swearing under the Oaths and Statutory Declarations Act (Cap. 15).
An Affidavit of Loss and a Statutory Declaration are related but distinct documents under the Oaths and Statutory Declarations Act (Cap. 15). An Affidavit of Loss is specifically sworn under oath — the deponent takes a religious oath or, for those who object to oaths, a solemn affirmation under Section 4 of the Oaths and Statutory Declarations Act. A Statutory Declaration, by contrast, is made by solemn declaration rather than by oath, using the words 'I do solemnly and sincerely declare and affirm'. Both are witnessed by a Commissioner for Oaths or Notary Public and have equal legal weight as sworn evidence in Kenya. In practice, most Kenyan government institutions and courts accept either an affidavit or a statutory declaration for loss declarations, and the choice between them is typically a matter of the deponent's preference or the specific instructions of the receiving authority. For court proceedings in Kenya, an affidavit sworn under oath is the standard form required by the Civil Procedure Rules 2010 and the rules of the High Court of Kenya. For administrative purposes — BRS company document replacements, NTSA applications, and Ministry of Lands submissions — either format is generally accepted, and many institutions provide standard pro-forma affidavit templates that the deponent completes and takes to a Commissioner for Oaths for witnessing.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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