Affidavit of Next of Kin (Kenya)
IN THE REPUBLIC OF KENYA
AFFIDAVIT OF NEXT OF KIN
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 [Relationship To Deceased] of the late [Deceased Name] and am competent to swear this affidavit.
2. THAT the late [Deceased Name] (NIC No: [Deceased NIC Number]), last residing at [Deceased Last Address], died on [Deceased Date Of Death]. Death was registered under Death Certificate No. [Death Certificate Number] issued under the Registration of Births and Deaths Act (Cap. 149).
3. THAT as regards the deceased's will: [Will Status].
4. THAT to the best of my knowledge and belief, the following are the surviving close relatives of the deceased in order of priority under the Law of Succession Act (Cap. 160):
Surviving spouse(s): [Surviving Spouse].
Surviving children: [Surviving Children].
Other surviving relatives: [Other Surviving Relatives].
5. THAT I am making this affidavit for the purpose of: [Purpose Of Affidavit].
6. 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 Next of Kin (Kenya)?
An Affidavit of Next of Kin in Kenya records a sworn statement of fact that the deponent affirms to be true before an authorised official.
The Law of Succession Act (Cap. 160), which governs testate and intestate succession in Kenya, defines the order of priority among relatives for succession purposes. The term "next of kin" in Kenyan succession law refers to the surviving spouse first, then children, then parents, then siblings, in descending order of priority under the intestate succession rules in Part V of the Law of Succession Act (Cap. 160). An Affidavit of Next of Kin does not itself grant the deponent authority to administer the deceased's estate — that requires either a Grant of Probate (where there is a will, under Section 51 of the Law of Succession Act) or Letters of Administration (where there is no will, under Section 66 of the Law of Succession Act), issued by the Family Division of the High Court of Kenya or, for smaller estates, a Magistrates Court.
Despite not conferring administration authority, an Affidavit of Next of Kin is widely required by Kenyan institutions in practical situations preceding formal probate. The National Social Security Fund (NSSF) under the National Social Security Fund Act No. 45 of 2013 requires an Affidavit of Next of Kin to process survivor benefits and the return of the deceased member's contributions. The Social Health Insurance Fund (SHIF) under the Social Health Insurance Act No. 16 of 2024 uses next of kin declarations for deceased member account settlements. Banks regulated by the Central Bank of Kenya (CBK) require an Affidavit of Next of Kin to allow access to small estate accounts pending formal probate under Section 83 of the Law of Succession Act. The Retirement Benefits Authority (RBA) and pension schemes governed by the Retirement Benefits Act No. 3 of 1997 require next of kin declarations from nominated beneficiaries when processing death benefits.
The Affidavit of Next of Kin is particularly important in Kenya given the prevalence of intestate deaths — where a person dies without having made a will. In intestate cases, the Family Division of the High Court of Kenya, the Environment and Land Court (ELC), and Magistrates Courts frequently require an Affidavit of Next of Kin as a supporting document in applications for Letters of Administration under Section 66 of the Law of Succession Act (Cap. 160) to confirm the deceased's surviving family composition.
For Muslim families, where succession may be governed by Islamic law administered by the Kadhi Courts under the Kadhi Courts Act (Cap. 11) and Article 170 of the Constitution of Kenya 2010, the Affidavit of Next of Kin should reflect the Islamic succession framework if the family elects to proceed under Islamic succession rules. The Kadhi Courts have jurisdiction over Muslim inheritance disputes where all parties profess the Muslim faith.
When Do You Need a Affidavit of Next of Kin (Kenya)?
An Affidavit of Next of Kin in Kenya is required in a wide range of administrative, financial, and legal situations following the death of a person, particularly before formal probate or letters of administration are granted.
An Affidavit of Next of Kin is required when the surviving family members of a deceased NSSF member apply to the National Social Security Fund to claim the deceased's accumulated contributions and any survivor benefits under the National Social Security Fund Act No. 45 of 2013. NSSF requires the affidavit from the spouse or, in the absence of a spouse, from the eldest adult child or other closest relative.
An Affidavit of Next of Kin is needed when a family member seeks access to the deceased's bank account at a Central Bank of Kenya (CBK)-regulated commercial bank — such as Kenya Commercial Bank (KCB), Equity Bank, or Co-operative Bank of Kenya — to meet immediate funeral and estate expenses pending the grant of formal probate. Banks typically release funds not exceeding prescribed thresholds on presentation of the affidavit alongside the death certificate.
An Affidavit of Next of Kin is required when a surviving family member applies to a pension scheme regulated by the Retirement Benefits Authority (RBA) under the Retirement Benefits Act No. 3 of 1997 for payment of the deceased member's pension death benefit or nominated beneficiary payment.
An Affidavit of Next of Kin is needed when the surviving family of a government employee, teacher, or armed forces member applies to the relevant government employer or the Public Service Superannuation Scheme for payment of terminal benefits, gratuity, or salary arrears owed to the deceased.
An Affidavit of Next of Kin is required when initiating the probate process at the High Court of Kenya (Family Division) or Magistrates Court under the Law of Succession Act (Cap. 160). The Probate and Administration Rules require supporting affidavits confirming the deceased's family composition as part of the application for Letters of Administration.
An Affidavit of Next of Kin is needed when the deceased held shares in a BRS-registered company, and the surviving family seeks to have shares transmitted to the estate's administrator under Section 104 of the Companies Act No. 17 of 2015. The company's share register administrator requires the affidavit to identify the authorised claimant.
What to Include in Your Affidavit of Next of Kin (Kenya)
A Kenya Affidavit of Next of Kin under the Oaths and Statutory Declarations Act (Cap. 15) and the Law of Succession Act (Cap. 160) must contain the following essential elements.
Caption and Jurisdiction: "IN THE REPUBLIC OF KENYA" and "AFFIDAVIT OF NEXT OF KIN" as the heading. The court reference is left blank for administrative uses or stated for court proceedings.
Deponent's Identity: Full legal name, NIC number, residential address (ward, sub-county, county), occupation, and the deponent's relationship to the deceased (e.g., spouse, adult child, sibling, parent). The Commissioner for Oaths must verify the deponent's identity against their original NIC before administering the oath.
Deceased Person's Details: Full legal name, NIC number, last known residential address, date of birth, and date of death of the deceased. The registered number of the deceased's death certificate issued by the Registrar of Births and Deaths under the Registration of Births and Deaths Act (Cap. 149) should be stated, as institutions commonly require the death certificate alongside the affidavit.
Family Composition: A thorough declaration of the deceased's surviving close relatives in priority order under Part V of the Law of Succession Act (Cap. 160): (1) surviving spouse or spouses (including all wives in a polygamous customary or Islamic marriage recognised under the Marriage Act No. 4 of 2014); (2) all surviving children including any born outside marriage; (3) parents if no spouse or children survive; (4) siblings if no parent, spouse, or children survive. In polygamous households, the affidavit must identify all houses (wife units and their children) to comply with the polygamous intestate succession rules in Section 40 of the Law of Succession Act.
Declaration of Intestacy or Testate Status: Whether the deceased left a valid will. If a will exists, the affidavit should identify the will and the named executor. If no will exists, the affidavit should confirm intestacy to support a Letters of Administration application.
Purpose of the Affidavit: A clear statement of the purpose for which the affidavit is made — for example, to support an NSSF survivor benefit claim, a bank account access request, a pension scheme death benefit claim, or a court probate application.
Commissioner for Oaths Attestation: The jurat recording the deponent's name, date and place of swearing, and the Commissioner's signature, admission number, and official stamp. The forms-legal.com Affidavit of Next of Kin template provides a correctly formatted jurat for Kenyan use, with space for the Commissioner's seal.
Supporting Documents: The affidavit should be presented alongside the original or certified copy of the death certificate, the deponent's original NIC, and (for NSSF or bank claims) the relevant claim or account forms of the receiving institution.
Additional compliance elements for a Affidavit of Next of Kin (Kenya) used in Kenya include: Under Kenyan law, the Data Protection Act No. 24 of 2019 and the Office of the Data Protection Commissioner (ODPC) govern personal data processing. The Oaths and Statutory Declarations Act (Cap. 15) governs sworn documents. Section 4 of the Marriage Act No. 4 of 2014 recognises five forms of marriage in Kenya. The Children Act No. 8 of 2001 governs child welfare. The High Court Family Division and Kadhi Courts handle family disputes. Forms-legal.com provides this template as a starting point for Kenya-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Affidavit of Next of Kin (Kenya) (Kenya) [Legal document template]. Forms Legal. https://forms-legal.com/kenya/personal/legal-declarations/affidavit-of-next-of-kin-kenya
"Affidavit of Next of Kin (Kenya) (Kenya)." Forms Legal, 2026, https://forms-legal.com/kenya/personal/legal-declarations/affidavit-of-next-of-kin-kenya.
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Frequently Asked Questions
An Affidavit of Next of Kin does not, by itself, authorise the deponent to administer a deceased person's estate in Kenya. Legal authority to administer an estate — to collect assets, pay debts, and distribute the estate to beneficiaries — requires either a Grant of Probate (where the deceased left a will, under Section 51 of the Law of Succession Act (Cap. 160)) or Letters of Administration (where the deceased died intestate, under Section 66 of the Law of Succession Act). Both grants are issued by the Family Division of the High Court of Kenya or, for smaller estates, a Magistrates Court exercising delegated jurisdiction under the Chief Justice's directives. The Affidavit of Next of Kin is a supporting document used by institutions — banks, NSSF, pension schemes, government employers — to identify the appropriate person to contact or to release limited funds pending formal probate. Without a formal grant of representation from the court, any person who takes possession of a deceased's assets in Kenya risks personal liability for intermeddling with an estate under Section 45 of the Law of Succession Act, which is a criminal offence. The affidavit confirms identity and relationship, not administrative authority.
Under the Law of Succession Act (Cap. 160), next of kin is determined by the order of priority among the deceased's surviving relatives. The surviving spouse or spouses rank first — in a monogamous marriage, the single surviving spouse; in a polygamous customary or Islamic marriage recognised under the Marriage Act No. 4 of 2014, all surviving wives are included. Children rank second — all children of the deceased, including children born outside marriage and adopted children, share equally. Parents rank third where no spouse or children survive the deceased. Siblings rank fourth where neither parents, spouse, nor children survive. The Law of Succession Act (Cap. 160) does not use the phrase 'next of kin' precisely but establishes this priority ordering in its intestate succession provisions in Part V. For polygamous families, the estate is first divided among houses — each wife and her children constitute one house, with the surviving wife (without children) counting as an additional unit — and then distributed equally per house under Section 40. A 2025 High Court ruling struck down Section 29(c) of the Law of Succession Act as unconstitutional for gender-asymmetric inheritance provisions, consistent with Constitution of Kenya 2010 Articles 27 and 45(3). The Affidavit of Next of Kin should reflect the correct priority ordering applicable to the specific family circumstances.
The probate process in Kenya after filing supporting documents including an Affidavit of Next of Kin typically takes between 6 months and 2 years depending on the complexity of the estate and the court's caseload. Under the Probate and Administration Rules made under the Law of Succession Act (Cap. 160), the court issues a limited grant of representation first — typically within 1 to 3 months of filing in straightforward cases — to allow the administrator to take initial steps. A confirmed grant, which authorises full administration and distribution, follows after all interested parties are notified, a 30-day objection period expires, and the court is satisfied that the estate inventory and accounts are in order. The High Court of Kenya (Family Division) in Nairobi handles large and complex estates; Magistrates Courts at the county level handle smaller estate matters and are generally faster. The Kenya Law Reform Commission has recommended procedural reforms to shorten probate timelines, but backlogs remain significant particularly in Nairobi. Estates with clear documentation — death certificate, original will or intestacy confirmation, complete Affidavit of Next of Kin, NIC copies of all relevant parties, and a preliminary estate inventory — proceed faster than incomplete applications.
Accessing a deceased person's M-Pesa mobile money account in Kenya requires a specific process administered by Safaricom PLC under the National Payment System Act No. 39 of 2011 and the Central Bank of Kenya (CBK) regulations on mobile money services. Safaricom requires the next of kin to present a sworn Affidavit of Next of Kin identifying the relationship to the deceased, alongside the original death certificate issued by the Registrar of Births and Deaths under the Registration of Births and Deaths Act (Cap. 149), the deponent's original National Identity Card (NIC), and in some cases a Letters of Administration or Grant of Probate for balances exceeding prescribed thresholds. The process involves attending a Safaricom service centre, completing Safaricom's internal deceased estate forms, and submitting the sworn documents for review. Safaricom will then initiate a transfer of the deceased's M-Pesa balance to the identified next of kin's M-Pesa account, subject to their internal verification procedures. For accounts with large balances, Safaricom may require a confirmed court grant before releasing funds. The Kenya Revenue Authority (KRA) may also have an interest in the deceased's mobile money balance if it forms part of a dutiable estate, though Kenya currently does not impose estate duty or inheritance tax on the value of estates.
The cost of swearing an Affidavit of Next of Kin in Kenya involves two components: the Commissioner for Oaths' fee for witnessing the affidavit, and any document preparation or advocate's fee. The Commissioner for Oaths' fee for witnessing and stamping an affidavit in Kenya is prescribed under the Advocates (Remuneration) Order as a minimum scale, and typically ranges from KES 300 to KES 1,000 per affidavit depending on the law firm and location. In Nairobi, Mombasa, and Kisumu, fees at major law firms may be at the higher end; at smaller regional firms or at the courts' Commissioner for Oaths service, fees may be closer to KES 300. If an advocate drafts the affidavit on behalf of the deponent — rather than the deponent completing the template themselves — drafting fees may range from KES 2,000 to KES 10,000 depending on the complexity of the family situation. Court filing fees under the Court Fees Rules are payable if the affidavit is filed in the High Court (Family Division) as part of probate proceedings. There are no stamp duty obligations under the Stamp Duty Act (Cap. 480) on affidavits. The total cost for a straightforward Affidavit of Next of Kin — including template preparation and Commissioner for Oaths fee — is typically between KES 1,000 and KES 5,000 in Kenya.
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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