THE PROCESS OF CHANGING YOUR NAME IN KENYA

In Kenya, changing your name is legally allowed, and the process is outlined under the Registration of Persons Act, the Births and Deaths Registration Act and the Registration of Documents (Change of Name) Regulations. Let’s break it down!

a. For Adults

If you’re an adult, you can change your name through a process called a Deed Poll, which is then registered with the Registrar of Documents. The requirements for change of name slightly differ from one set of persons to the other. For instance, for a married woman, she must provide her certificate of marriage or other evidence if the said marriage was not registered. This is to be accompanied with the written consent of her husband. For a widow, she is required to furnish her certificate of marriage or other evidence of her marriage if it was not registered and a death certificate. If a divorcee, she must provide her certificate of marriage, or other evidence of her marriage if it was not registered, together with the decree absolute proving the divorce.

Here’s how to do it:

1. Prepare a Deed Poll: Draft a legal document stating your intention to change your name. You can get this done through a lawyer.
2. Complete Form 1 (Deed Poll) and Form 2 (Affidavit): Available at the Registrar of Documents.
3. Submit to Registrar of Documents
4. Gazette the Name Change: Once approved, the name change is published in the Kenya Gazette.
5. Update Your Documents: The name change is effected at this point and you can update your ID and passport.

b. For Children

Changing a child’s name is slightly different because it involves parental consent and more oversight to protect the child’s welfare. For a minor below 16 years, his/her parent or legal guardian shall sign the deed poll. If the minor is above 16 years old, the minor shall consent to the change of name.

There are two ways to change a child’s name:

1. Within 2 years of birth: You can apply to correct or change a name on the birth certificate through the Civil Registration Department. Where a child is less than two years old, Section 14 of the Births and Deaths Registration Act provides that its parents may make an application to the registrar of births and deaths to alter the name upon payment of the prescribed fees. The application is made through filling out a form at the Registrar of Births and Deaths. This change of name does not require a deed poll and it is not technical.
2. After 2 years: You must apply via a Deed Poll, with the consent of the parents or legal guardians. The process mirrors the adult name change, but you must prove the change is in the child’s best interest.

Key Differences

• Consent: Adults change their names independently, while children need parental/guardian consent.
• Best Interests of the Child: A child’s name change must be justifiable as being in their best interest and courts can intervene if needed.
• Timeframe for Simple Corrections: A child’s name can be corrected more easily within 2 years of birth, unlike adults who always need a Deed Poll.

Instances Where a Change of Name may be rejected

The Registrar may decline to effect the change of name for the following reasons:

1. If the chosen name(s) is vulgar, offensive;
2. The name includes numbers, symbols or punctuation marks;
3. The proposed name is difficult to pronounce;
4. The name incites or promotes criminal activities, racial, religious hatred or use of controlled drugs;
5. If the name ridicules people, groups, government departments, companies or organizations; and
6. If the name creates an impression/belief that one has an inherited/conferred title, honor, rank or academic award, for example, a change of first name to Sir, Lord, Lady, Prince, Princess is not acceptable.

N/B: You can’t change your name to avoid debts, criminal charges, or fraudulent reasons!

Upon the change of name, there will be discrepancies in your educational and professional certificates and your Title Deeds. In the case of professional and educational certificates, an Affidavit confirming the said change of name will suffice. As for Land instruments such as Title Deeds, one needs to lodge an Application for Rectification of the Register with the respective Land Registrar for purposes of correcting the name.