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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE HIGH COURT AT MOMBASA
BANKRUPTCY PETITION NO [reference]
IN THE MATTER OF [INDIVIDUAL DEBTOR] AND THE INSOLVENCY ACT
AFFIDAVIT
1. I am [individual debtor and Petitioner]. I provide a truthful account of my financial position from my personal knowledge and the identified business, bank and medical records. I disclose any uncertainty or dispute in the schedules rather than treating it as established.
2. The trading arrangement concerned [actual vehicles or transaction]. The original terms, later demand and any ownership dispute are [records]. The amount I admit and any amount I dispute are separately identified; the debt is not changed to fit a bankruptcy narrative.
3. I ceased or reduced work during [supported period] because of [actual condition]. The medical records and resulting income position are [marks]. I do not assert a diagnosis, operation, incapacity period or overseas treatment that is not supported by genuine evidence.
4. My assets, income and liabilities are set out fully in the accompanying statement. This includes joint interests, secured debts, guarantees and any property held for another. I identify the actual valuation basis and do not conceal an asset merely because it is difficult to sell.
5. The borrowing for treatment or subsistence is [creditor, terms and proved balance]. Payments already made are disclosed once. My present inability to meet the debts is explained by the actual resources and due liabilities, not by a total chosen without reconciliation.
6. I support the petition and will comply with the lawful notice, disclosure and trustee requirements. I understand that an initial bankruptcy order is different from later discharge and does not authorise concealment or unrestricted disposal of property.
SWORN by [deponent] at [place] on [date]. Signature [ ]. BEFORE ME [competent authorised oath administrator]. This specimen 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
Complete the deponent identity, authority and actual personal-knowledge or identified-information basis. Index and authenticate genuine exhibits; missing exhibits are not supplied by this text. An affidavit is evidence, not a vehicle for new unpleaded relief or invented expert conclusions. Obtain any required leave for a further affidavit and complete a valid jurat before a competent authorised person. This specimen is unsworn. Apply the relevant personal-bankruptcy or corporate-liquidation provisions and prescribed procedure, rather than treating every insolvency application as an ordinary civil motion.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
A trader petitioned for his own bankruptcy after a dispute over six repaired lorries and a demand for Kshs 6.2 million. Illness prevented work and further treatment required borrowing. The petition was supported by an affidavit and public notices; creditors did not oppose it.
The Court adjudged the petitioner bankrupt and appointed the Official Receiver or a nominee as bankruptcy trustee. It found inability to pay the debts on the evidence and notices. The judgment did not grant an immediate discharge from every debt or an unrestricted licence to deal with estate property.
Personal bankruptcy is governed by Part III of the Insolvency Act and the applicable Regulations, not company-liquidation forms. Complete assets, liabilities, creditors, security and income disclosure is necessary. Illness must be supported by genuine evidence; non-opposition does not excuse inaccurate disclosure. A bankruptcy order, appointment of trustee, treatment of particular assets or debts and later discharge are different questions.
Read the original reported decision: [2026] KEHC 4326 (KLR) — 5 March 2026
The original decision may identify participants. The specimen replaces their identifying details. The primary judicial text, Mombasa heading, reasons and operative orders were checked. Each sample is newly drafted and uses bracketed specimen identities. Unsuccessful historical positions and proposed corrections are identified. No original filed wording, exhibits, subsequent-order assurance or licensed-advocate review is claimed. Check the authentic court file, current law and directions before use.
Related law and procedural rules
Constitution of Kenya · Evidence Act · Insolvency Act — official Business Registration Service
Insolvency Act — read with current Insolvency Regulations and prescribed forms
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