CHAPTER 34
OATHS AND STATUTORY DECLARATIONS ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
RULES
(Section 8)
G.Ns. Nos.
125 of 1967
132 of 1967
1. Citation
These Rules may be cited as the Oaths and Affirmations Rules.
2. Oaths and affirmations by witnesses
Every oath or affirmation made in any judicial proceedings by any person who may lawfully be examined upon oath or affirmation or give or be required to give evidence upon oath or affirmation shall, subject to the provisions of section 6 of the Oaths and Statutory Declarations Act, be in the form and be administered in the manner prescribed in the First Schedule to these Rules.
3. Oaths and affirmations by interpreters
(1) Every oath or affirmation made by any person acting as interpreter of questions put to and evidence given by a person being examined by or giving evidence before a court shall be in the form and be administered in the manner prescribed in the Second Schedule to these Rules.
{mprestriction ids="1,2,3"}
(2) Where any public officer employed in any court is appointed by the court to act as a court interpreter in proceedings before such court he shall make the appropriate oath or affirmation upon such appointment and it shall not be necessary for him to make a separate oath or affirmation in respect of every judicial proceedings before such court or before any other court to which he may subsequently be assigned.
FIRST SCHEDULE
(Rule 2)
PART I
FORMS OF OATHS AND AFFIRMATIONS BY WITNESSES IN COURTS OTHER THAN PRIMARY COURTS
1. Oath by a Christian:
A Christian shall, subject to the provisions of paragraph 4, be required either to hold the New Testament in his right hand or to hold the right hand uplifted and in either case to repeat the following:
"I swear that what I shall state shall be the truth, the whole truth and nothing but the truth; so help me God".
2. Affirmation by a Moslem:
A Moslem shall be required to repeat the following:
"Wallahi, Billahi, Ta "Allah": I solemnly affirm in the presence of the Almighty God that what I shall state shall be the truth, the whole truth and nothing but the truth".
3. Affirmation by a Hindu:
A Hindu shall be required to repeat the following:
"I solemnly affirm in the presence of the Almighty God that what I shall state shall be the truth, the whole truth and nothing but the truth".
4. Affirmation by pagans, persons objecting to making an oath, or persons professing any faith other than the Christian, Moslem or Hindu faith:
"I solemnly affirm that what I shall state shall be the truth, the whole truth and nothing but the truth"
PART II
GENERAL FORM OF OATH OR AFFIRMATION BY WITNESSES IN PRIMARY COURTS
A witness shall be required to repeat the following:
"Mimi nathibitisha kwa kiapo kwamba yote nitakayoeleza yatakuwa ni ya kweli, kweli tupu".
SECOND SCHEDULE
PART I
FORMS OF OATHS AND AFFIRMATIONS BY INTERPRETERS IN COURTS OTHER THAN PRIMARY COURTS
1. An official court interpreter shall make oath or affirmation in accordance with paragraph 1, 2, 3 or 4 of Part I of the First Schedule as may be appropriate, except that for the words "what I shall state shall be the truth, the whole truth and nothing but the truth" there shall be substituted the words "I shall well and truly interpret and make explanation to the court and witnesses and others in the languages of .......................... and ....................... of all such matters and things as shall be required of me, as interpreter appointed to the court of ......................... to the best of my skill and undertaking".
2. Any other interpreter shall make oath or affirmation in accordance with paragraph 1, except that he shall omit the words "as interpreter appointed to the court of .............................".
PART II
GENERAL FORM OF OATH OR AFFIRMATION BY INTERPRETERS IN PRIMARY COURTS
An interpreter shall be required to repeat the following:
"Mimi nathibitisha kwa kiapo kwamba nitatafsiri katika lugha ya .............. na ........... kwa ukweli na usahihi kwa kauri niwezavyo na nitatoa maelezo yanayohitajiwa kwa mahakama hii, kwa watu wadaawa na kwa mashahidi.". {/mprestriction}