A storm is brewing at the Kitui County Deaths Registration Department after Advocate Morris Kimuli accused a public officer of refusing to recognise affidavits commissioned by advocates and Commissioners for Oaths.
In a statement that has sparked debate within legal and governance circles, Kimuli claimed he assisted a woman who had travelled tens of kilometres — changing vehicles to reach Kitui town — to process a death certificate for a deceased relative.
According to the Advocate, he drafted an affidavit to support her application, only for the officer to allegedly reject it, arguing that the department “does not recognise Advocates or Commissioners for Oaths.”
Kimuli further alleged that when he requested to speak to the officer directly, he was told, “I don’t speak to lawyers.”
The Legal Question: Was the Officer Right
At the centre of the dispute is whether a Deaths Registration officer can lawfully reject an affidavit sworn before a Commissioner for Oaths.
Under Kenya’s Births and Deaths Registration
Act (Cap. 149), deaths must be formally registered and, in cases of delayed registration, applicants are often required to provide a sworn affidavit explaining the delay. The law outlines the requirement for registration but does not restrict who may commission supporting affidavits.
Separately, the Oaths and Statutory Declarations Act (Cap. 15) empowers Commissioners for Oaths to administer oaths and take affidavits for use in Kenya. Advocates who are duly appointed as Commissioners for Oaths are legally authorised to commission affidavits for official and administrative purposes.
Legal experts note that there is no statutory provision placing a hierarchy between affidavits sworn before a magistrate and those sworn before a Commissioner for Oaths. Once properly commissioned, an affidavit carries full legal validity.
If the facts are as presented, the officer’s position that they “do not recognise Advocates or Commissioners for Oaths” would have no clear legal backing in statute.
Administrative Policy vs. Statutory Law
Observers say the dispute could stem from internal administrative procedures or misinterpretation of departmental guidelines.
However, administrative policy cannot override express statutory provisions. Article 47 of the Constitution guarantees every Kenyan the right to fair administrative action that is lawful, reasonable and procedurally fair. Denying service based on a legally valid document could raise questions about compliance with constitutional standards.
LSK Urged to Intervene
Kimuli has called upon the Law Society of Kenya (LSK) to urgently address the matter, describing it as an issue touching on the dignity of the legal profession and the conduct of public officers.
He specifically appealed to Faith Odhiambo, the outgoing LSK President, to take up the matter before the end of her tenure.
“This is about the conduct of public officers and the practice of the law,” Kimuli stated.
Bigger Questions on Service Delivery
The incident has reignited broader concerns about service delivery in rural counties, where residents often travel long distances at significant cost to access essential documents such as death certificates.
For many families, delays in obtaining a death certificate can stall burial permits, succession processes, insurance claims and other critical legal steps.
As pressure mounts, attention now turns to whether the Kitui Deaths Registration Department will clarify its position — and whether the LSK will formally intervene.
For now, the incident has opened a wider conversation about respect for the rule of law, administrative accountability and the treatment of both legal professionals and ordinary citizens in Kenya’s public offices.
