Full Legal Process for Changing Names in Kenya.
Changing one’s name in Kenya is a legal procedure overseen by the Registrar of personal mandates, typically prompted by reasons such as marriage, personal choice, or other circumstances. The Constitution of Kenya (2010) upholds the right to identity and personal freedom, enabling individuals to legally alter their names as part of their fundamental rights. This process is regulated by several laws, including the Registration of Documents Act, the Registration of Persons Act, and the Births and Deaths Registration Act.
Name Change Requirements
Scola Kayugira explained that a deed poll is necessary for a legal name change. This legal document applies to individuals aged two years and above, allowing them to modify, add, or remove names, alter spellings, or incorporate hyphens.
The requirements for a name change vary depending on the individual’s status. Married women must provide either a marriage certificate or other proof if the marriage was unregistered, accompanied by their husband’s written consent. Divorcees are required to submit a marriage certificate or alternative evidence of marriage, along with proof of their divorce. Widows need to provide a marriage certificate or equivalent proof if the marriage was unregistered, in addition to a death certificate of the deceased spouse.
Minors under 16 years require a parent or legal guardian to sign the deed poll on their behalf. However, if a minor is over 16 years old, they must give their own consent for the name change. Section 14 of the Birth and Deaths Registration Act states that parents can apply to the Registrar of Births and Deaths to amend their child’s name upon payment of the required fees. This process involves completing a form at the Registrar’s office.
Restrictions on Name Changes
There are specific instances where the registrar may refuse a name change request. These include cases where the proposed name contains numbers, symbols, or punctuation marks, is difficult to pronounce, promotes criminal activity, racial or religious hatred, or references controlled substances. Additionally, names deemed vulgar, offensive, or those that mock individuals, organizations, or government departments are not permitted. Any name that falsely implies the holder has an official title or academic honor, such as changing a first name to “Lady,” will also be rejected. Furthermore, if the registrar determines that a name change request is intended to commit fraud, the application will be denied.
Addressing Discrepancies in Legal Documents
Following a name change, inconsistencies may arise in educational or professional documents, as well as land ownership records. To rectify this, an affidavit confirming the name change is required for academic and professional certificates. In the case of land documents, an application for rectification must be submitted to the Land Registrar to amend the official records accordingly.
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Steps to Legally Change a Name
To successfully process a legal name change in Kenya, the following documents and procedures are necessary:
- A letter from the local area chief.
- An identity report containing the applicant’s fingerprint details.
- A deed poll, which is prescribed as Form 1 under the Registration of Documents Act, and must be commissioned by a commissioner of oaths.
- The applicant’s birth certificate.
- A statutory declaration (Form 6) made by a Kenyan resident who personally knows the applicant under their current name.
- Registration of the deed poll with the Registrar of Documents.
- Submission of the endorsed documents to the Government Printers for publication in the Kenya Gazette.
Once the name change is officially recorded, the applicant is advised to apply for a new identification card reflecting their updated name.
Full Legal Process for Changing Names in Kenya.
