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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA
PETITION OR APPLICATION NO [reference]
[APPELLANT OR APPLICANT] v [RESPONDENT]
AFFIDAVIT
1. I am [authorised company officer] and identify the records already placed before the appellate courts. My authority and the relevant corporate records are annexed as S1.
2. S2 is the Court of Appeal order requiring KES 20,000,000 additional security and specifying the consequence of non-compliance. I reproduce its actual terms in the confidential filing.
3. S3 identifies the KES 185,000,000 deposit and the records of its receipt relied upon in the litigation. I do not assert that the disputed deposit has already been adjudged repayable to the Appellant.
4. S4 contains the costs estimate and the available taxation record. An estimate asserted by a party is identified as an estimate; an amount not taxed is not described as a certified costs award.
5. S5 contains the certification ruling. Any statement of present resources or inability to pay must come from admissible financial evidence and, if new, requires the applicable permission.
SWORN by [deponent] at [place] on [date]. Signature [ ]. BEFORE ME [Commissioner for Oaths]. This sample has not been sworn.
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
This is an illustrative affidavit identifying existing records, not permission to add fresh appellate evidence. State the deponent’s authority, personal knowledge and source of information. Verify each exhibit and page reference. Obtain leave or directions where an additional affidavit is required; new evidence requires the applicable admission procedure. Complete the jurat before a competent Commissioner for Oaths. The public sample is unsworn and contains no exhibits. An affidavit is not legal submissions.
Exhibit schedule: [label]; [document date]; [description]; [existing record pages or basis of admission]. Do not append invented or missing records.
Source facts and limits of the decision
A failed hotel transaction generated a claim concerning a KES 185,000,000 deposit held by the bank. After the suit was dismissed, the Court of Appeal ordered KES 20,000,000 additional security as a condition for the appeal. The Supreme Court considered the certified security question, not the merits of deposit recovery.
The Supreme Court allowed the appeal on the specific security issue, set aside the conditional order and remitted the substantive appeal to the Court of Appeal. Each party bore its own costs. Security for costs is not unconstitutional in every case, and deposit refund was not finally adjudicated.
Constitution Articles 48, 50 and 159; Article 163(4)(b) certification; proportionate exercise of security discretion. The source discusses the historical Court of Appeal rules and nominal security. Current amounts and rule numbering must be verified before a new application.
Read the original reported decision: [2023] KESC 11 (KLR) — 17 February 2023
The original decision may identify participants. The specimen replaces their identifying details. The complete judgment chapter was downloaded from the official Supreme Court law reports and checked for the background, competing positions and final orders.
Related law and procedural rules
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