Introduction
Changing one’s name is a significant legal step, often driven by personal, cultural, or practical considerations. In Kenya, the process is governed by a clear legal framework that ensures name changes are properly documented and recognised. This article provides a detailed examination of the legal requirements and procedures for changing a name in Kenya, with specific attention to minors, married persons, divorcees, individuals above 16 years, and adults of 18 years and above.
Legal Framework Governing Change of Name in Kenya
The legal process of changing a name in Kenya is primarily anchored in various pieces of legislation:
The Registration of Documents Acts, Cap. 285 This Act provides the foundational framework for registering legal documents, including Deed Polls for name changes. Section 24 thereof requires documents to be lodged with the Registrar for registration.
The Registration of Documents (Change of Name) Regulations (Legal Notice 277 of 1967) These regulations set out the specific procedures, forms, and evidentiary requirements for changing a name. They prescribe the form and content of a Deed Poll and the documents that must accompany the Deed Poll for registration. The Registration of Persons Act, Cap. 107 The Act and the rules thereunder govern the registration of persons upon attaining the majority age and issuance of national identity cards. After a Deed Poll has been registered and the change of name gazetted, one may apply for amendment of their national identity card to reflect the new name under the rules.
The Births and Deaths Registration Act, Cap. 149 –This Act provides for the alteration of names particularly for children under two years of age
Procedure for Change of Name The procedure for changing one’s name is generally through execution and registration of a Deed Poll. However, the requirements slightly differ depending on the person’s age, legal capacity, and their personal circumstances. Ordinarily, the following procedure is applicable for change of name where the applicant is an adult person:
1. Preparation of a Deed Poll
The primary legal instrument for effecting a name change is the Deed Pol. This is essentialy a formal legal document executed by an individual declaring that they abandon their former name, adopt a new name, and undertake to use the new name in al legal dealings. The first step is to have an advocate prepare the Deed Pol which must be signed by the applicant and witnessed by a Commissioner for Oaths. The Deed Pol must be accompanied by the folowing documents:
- A statutory declaration sworn by a person resident in Kenya who has known the applicant for a significant period of time.
- A certified copy of the birth certificate or baptism certificate.
- A certified copy of the national identity card/passport and KRA Pin Certificate.
- Three colored passport-size photographs.
- A letter from the local area chief confirming the applicant’s identity and residence.
- A fingerprint printout obtained from the Registrar.
2. Registration with the Registrar of Documents
The completed Deed Pol, along with al supporting documents, is then submitted to the Registrar of Documents for registration. After payment of the fees, the Registrar wil review the documents and register them if satisfied that the applicant has duly complied with al the requirements.
3.Gazettement
Upon registration with the Registrar of Documents, the Advocate shal proceed to prepare a gazette notice and forward to the Government Printer for publication in the Kenya Gazette for a period of 60 days. The name change is legaly recognized at this point. Gazettement serves as official public notice to everyone of the change of name and legitimizes the new identity for legal purposes.
4. Update of Identification Documents
After gazettement, the applicant must apply for replacement of their national identity card and thereafter update other documents such as the passport, professional or academic certificates, bank records, land records, among others. As already noted, additional requirements apply depending on the personal circumstances of an applicant including whether the applicant is a minor, a married woman seeking to adopt her husband’s surname, a divorcee wishing to revert to her maiden name, or a widow.
a) Change of Name for Minors
Minors Below 2 Years: For children under two years of age, Section 14 of the Births and Deaths Registration Act provides a simplified procedure. Parents may apply directly to the Registrar of Births and Deaths to alter the child’s name upon payment of the prescribed fees. The application is made by filling out a form at the Registrar and does not require a Deed Poll.
Minors Below 16 Years: The law draws a distinction between minors below 16 years and those aged 16 to 18 years for purposes of name change. For a minor under the age of 16, the Deed Poll will be signed by the child’s parent or legal guardian. Where it is signed by one parent, the consent of the other must be provided. The additional documentation are the birth certificate, parents’ identity cards and passport-size photographs and Guardian appointment documents where applicable.
Minors Above 16 Years A person who has attained sixteen years but has not attained eighteen years remains a minor under Kenyan law. However, the law recognises the growing autonomy of this category of minors and seeks to protect them from unilateral changes of names by parents against their wishes. Accordingly, the parent or guardian will execute the Deed Poll but the minor’s consent must be endorsed on the Deed Poll and witnessed by an advocate.
b) Change of Name following Marriage or Divorce
For a married woman who wishes to adopt her husband’s surname, she wil be required to execute the Deed Pol and in addition, obtain the written consent of her husband, endorsed on the Deed Pol and witnessed by an advocate. If living separately from her husband in circumstances where the separation is likely to be permanent, a certificate from an advocate to that effect wil be required in place of the husband’s consent. Additional documentation includes the marriage certificate and copies of her husband’s identity card
c) Change of Name Following Divorce or Widowhood
A divorcee wishing to revert to her maiden name or adopt a new name must provide her certificate of marriage or other evidence of her marriage if it was not registered, together with the decree absolute or certificate of divorce. A widow seeking to change her name must, in addition to the documents in the preceding part, provide her certificate of marriage or other evidence of her marriage if it was not registered and the death certificate of her husband. The widow is described in the document as a widow for purposes of the name change.
Limitations on Change of Name
Although the law recognizes an individual’s right to change their name, that right is subject to certain limitations. The Registrar may decline to register a Deed Poll where the proposed name is vulgar, offensive, blasphemous, impossible to pronounce, or contains numbers, symbols, or punctuation marks. Registration may also be refused where the proposed name promotes criminal activity, hate speech, racial or religious hatred, or the use of controlled drugs; falsely implies the possession of titles such as “Doctor” or “Professor”; or is likely to ridicule individuals, groups, government departments, or organizations. These safeguards are intended to ensure that the process of changing one’s name is not abused for fraudulent, deceptive, or improper purposes.
How ESK Advocates LLP Can Help
At ESK Advocates LLP, we provide comprehensive legal assistance to individuals seeking to change their names under Kenyan law. Whether the application involves a minor, an adult, a married person, or a divorcee, our team offers expert guidance throughout the entire process, including advising on the applicable legal requirements, preparing and registering Deed Polls, facilitating publication in the Kenya Gazette, and assisting clients in updating their official records with the relevant government agencies and institutions. Our commitment is to ensure that every name change application is handled efficiently, accurately, and in full compliance with the law, providing our clients with a seamless and hassle-free experience.
This publication is for informational purposes only and does not constitute legal advice. Disclaimer : For tailored legal support , kindly consult our team.
Article By: Frankline Ojanji
Associate Advocate