An affidavit of service is not a formality—it is the legal proof that court documents were properly served. In Kenya, courts rely heavily on affidavits of service when determining whether a party was notified of proceedings.
A defective or vague affidavit can lead to:
- Adjournments
- Objections to service
- Setting aside of orders
- Delays that increase legal costs
This guide explains what courts in Kenya require in an affidavit of service, and why professional process service matters.
What Is an Affidavit of Service?
An affidavit of service is a sworn statement made by a process server confirming:
- That specific court documents were served
- Who was served
- When and where service occurred
- How service was effected
Once commissioned, the affidavit becomes evidence before the court.
Why Affidavits of Service Are So Important
Kenyan courts use affidavits of service to determine whether:
- A respondent had notice of proceedings
- Service complied with procedural rules
- Orders issued ex parte were justified
If service is challenged, the affidavit is often the first document examined by the court.
Mandatory Requirements in an Affidavit of Service
While formats may vary, courts generally expect the following elements to be clearly stated:
1️⃣ Identity of the Process Server
The affidavit must state:
- Full name of the process server
- Whether the deponent is a licensed process server
- Authority under which service was carried out
This establishes credibility and accountability.
2️⃣ Documents Served
The affidavit must clearly list:
- The specific documents served (e.g. Plaint, Summons, Petition)
- Number of pages or annexures, where relevant
Ambiguity about documents served can invalidate service.
3️⃣ Date and Time of Service
Courts require exact dates and times, not estimates.
This is especially critical where:
- Timelines are strict
- Interim or ex parte orders are involved
4️⃣ Place of Service
The affidavit must specify:
- Physical location of service
- Whether service occurred at a residence, workplace, or other location
Vague descriptions such as “within Nairobi” are discouraged.
5️⃣ Identity of the Person Served
The process server must state:
- The name of the person served
- How they identified the recipient
If service was not personal, the affidavit must explain why and how service was effected.
6️⃣ Manner of Service
The affidavit should describe:
- How the documents were presented
- Whether the recipient accepted or refused them
- Any relevant conduct by the recipient
Clear narration strengthens the affidavit’s credibility.
Service Where the Recipient Refuses to Accept Documents
If a recipient refuses service:
- The process server should identify the person
- Inform them of the nature of the documents
- Leave the documents in their presence where lawful
The refusal and surrounding circumstances must be clearly stated in the affidavit.
Affidavit of Service for Avoiding or Evasive Parties
Where a party avoids service, the affidavit should document:
- Attempts made to locate the recipient
- Dates, times, and locations of attempts
- Observations supporting avoidance
This information is critical when applying for substituted service.
Common Mistakes That Courts Criticise
Courts frequently question affidavits that:
- Omit dates or times
- Fail to identify the recipient properly
- Are copied or templated without specific details
- Contain contradictions or vague language
Such defects weaken the reliability of service.
Who Can Commission an Affidavit of Service?
Affidavits of service must be:
- Sworn before a Commissioner for Oaths
- Properly signed and dated
Unsigned or improperly commissioned affidavits have little evidential value.
Affidavits of Service for Foreign Clients
For clients outside Kenya:
- Affidavits are often shared electronically
- Originals may be filed in court by local counsel
- Detailed affidavits reduce the need for further clarification
Professional documentation is especially important where the instructing client is abroad.
Why Professional Process Servers Matter
Experienced process servers understand:
- What courts scrutinise
- How to document service accurately
- How to prepare affidavits that withstand objections
This reduces disputes over service and keeps cases moving.
Need Court-Compliant Process Service in Kenya?
If you require reliable process service and properly prepared affidavits of service, working with experienced professionals protects your case.
👉 Learn more about our Process Service in Kenya, including affidavits of service for local and foreign clients.
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