Guide to Changing One’s Name

Changing one's name is a significant decision, often driven by personal, cultural, or legal reasons. In Kenya, the process of legally changing a name is governed by specific laws and procedures that must be followed to ensure the change is recognized by the state. Whether you are a married woman adopting your husband's name, a divorcee reverting to your maiden name, a parent seeking to change a minor's name, or an individual desiring a fresh identity, this article provides a detailed overview of the process, requirements, and potential challenges involved in changing your name in Kenya.

LEGAL FRAMEWORK

The process of changing a name in Kenya primarily involves the execution and registration of a Deed Poll, a legal document that formalizes the change of name. The Deed Poll must be registered with the Registrar of Documents and advertised in the Kenya Gazette, as required by the Registration of Documents Act. Additionally, specific provisions under the Births and Deaths Registration Act, the Registration of Persons Rules, 1998, and the Constitution of Kenya apply depending on the circumstances of the applicant.

For certain categories, such as married women or children below the age of two, alternative procedures may apply, which we will explore further in this guide.

WHO CAN CHANGE THEIR NAME?

Any Kenyan citizen can apply to change their name, provided they meet the legal requirements. However, the process and requirements vary depending on the applicant’s circumstances, such as:

- Adults (above 18 years of age).

- Married women adopting their husband’s name.

- Divorcees reverting to their maiden name or adopting a new name.

- Widows seeking to change their name.

- Minors (below 18 years), with specific rules for those under 16 years and those aged 16 to 18.

- Children below 2 years of age (under a simplified procedure).

 

REQUIREMENTS FOR CHANGING YOUR NAME

The requirements for changing a name differ based on the applicant's status. Below is an outline of the key requirements for various categories:

     A. General Requirements for Adults

For most adults seeking to change their name, the following documents and steps are required:

• - A certified copy of your birth certificate.
• - A certified copy of your national identity card.
• - A certified copy of your KRA certificate (if applicable).
• - Three current passport-size photographs.
• - A letter from your local area chief confirming your identity and residence.
• - A fingerprint printout (identity report) obtained from the Registrar of Persons.
• - Affidavits from two non-family members who have known you for at least 10 years, confirming your identity and the intended name change.
• - A statutory declaration (Form 6) sworn by a person resident in Kenya who knows you by the name you wish to change.
• - A Deed Poll (Form 1 of the Regulations to the Registration of Documents Act), commissioned by a Commissioner for Oaths.

     B. Married Women

A married woman seeking to adopt her husband’s name must provide:

- A marriage certificate (or other evidence of marriage if unregistered).

- Written consent from her husband.

- Alternatively, under Rule 9 of the Registration of Persons Rules, 1998, she may apply directly to the Registrar of Persons by submitting: The marriage certificate; an affidavit stating her wish to adopt her husband’s name; copies of her ID and her husband’s ID; and a fee of Kshs 1,000 for the issuance of a new identity card.

     C. Divorcees

A divorcee wishing to revert to her maiden name or adopt a new name must provide:

- A marriage certificate (or other evidence of marriage if unregistered).

- The decree absolute proving the dissolution of the marriage.

- Alternatively, under Rule 9, she may apply to the Registrar of Persons, surrender her current ID, pay a fee of Kshs 1,000, and have her photograph taken for a new ID.

     D. Widows

A widow seeking to change her name must provide: a marriage certificate (or other evidence of marriage if unregistered); and a death certificate of her deceased husband.

     E. Minors

The requirements for changing a minor's name depend on their age:

- Minors below 16 years: The parent or legal guardian must sign the Deed Poll on behalf of the child.

- Minors above 16 years: The minor must provide their consent to the change of name.

- General documents required include the minor’s birth certificate and the parent’s/guardian’s ID.

     F. Children Below 2 Years

For children under the age of two, a simplified procedure applies under Section 14 of the Births and Deaths Registration Act.

The parents can apply to the Registrar of Births and Deaths by filling out the prescribed form and paying the required fees. A Deed Poll is not required in this case.

Procedure for Changing Your Name

The process of changing a name in Kenya typically involves the following steps:

1. Gather the Required Documents

Ensure you have all the necessary documents based on your status (as outlined above). These include certified copies of your birth certificate, national ID, and other relevant certificates.

2. Obtain a Letter from Your Local Chief

Visit your local area chief to obtain a letter confirming your identity and residence. This letter serves as a verification of your background.

3. Obtain a Fingerprint Printout

Visit the Registrar of Persons to have your fingerprints taken and obtain an identity report (fingerprint printout). This is a mandatory requirement for most applicants.

4. Prepare Affidavits

Two non-family members who have known you for at least 10 years must swear affidavits confirming your identity and supporting your name change.

5. Draft and Execute the Deed Poll

Engage a lawyer to draft the Deed Poll (Form 1) as prescribed under the Registration of Documents Act. The Deed Poll must include the necessary declarations and be commissioned by a Commissioner for Oaths.

6. Submit Documents to the Registrar of Documents

Submit all required documents, including the Deed Poll, affidavits, and statutory declarations, to the Registrar of Documents for registration. This can be done at the Nairobi Registry or the Coastal Registry.

7. Advertise the Name Change in the Kenya Gazette

Once the Deed Poll is registered, the endorsed documents must be lodged with the Government Printer for publication in the Kenya Gazette. The advertisement must run for 30 days to allow for public objections (if any).

8. Apply for a New Identity Card

After the name change is gazetted, surrender your old identity card and apply for a new one reflecting your new name. This step finalizes the legal recognition of your new name.

Instances Where a Name Change May Be Rejected

The Registrar of Documents may decline to register a name change for several reasons, including:

a. The proposed name is vulgar, offensive, or difficult to pronounce.

b. The name includes numbers, symbols, or punctuation marks.

c. The name incites or promotes criminal activities, racial or religious hatred, or the use of controlled drugs.

d. The name ridicules individuals, groups, government departments, companies, or organizations.

e. The name falsely implies an inherited or conferred title (e.g., Sir, Lord, Lady, Prince, Princess).

f. The Registrar determines that the name change is intended to perpetrate fraud.

Consequences of Changing Your Name

Changing your name has several implications, including:

Discrepancies in Documents:

Your educational certificates, professional licenses, and title deeds may reflect your old name.

To address this:

For educational and professional certificates, an affidavit confirming the name change is usually sufficient.

For title deeds, you must lodge an application for rectification of the register with the respective Land Registrar to update your name.

Updating Official Records:

You will need to update your name with various institutions, including banks, the Kenya Revenue Authority (KRA), and other government bodies.

Issuance of a New ID:

A new national identity card reflecting your new name must be obtained.