In Kenya, altering your name is a legal process administered by the Registrar of personal mandates and it is a decision driven by either marriage, personal preference, or any other reasons.
According to the Constitution of Kenya (2010), it guarantees the right to identity and personal freedom, allowing individuals to change their names as part of their personal rights.
The legal process is governed by statutes such as the Registration of Documents Act, the Registration of Persons Act, and the Births and Deaths Registration Act.
According to Scolar Kayugira, to legally change one’s name, a deed poll needs to be registered. It is a legal document only for 2-year-olds and above that allows someone to officially change any part of their names, add or remove names and hyphens, or change the spellings.
The requirement of changing names differs from one person to another. For example, married women must provide a marriage certificate or other evidence if the marriage was not registered. This is to be accompanied by the written consent of her husband.
For a divorcee, she must provide her marriage certificate, or other evidence of her marriage if it was not registered, together with proof that she is divorced.
A widow, on the other hand, is required to submit a certificate of marriage or other evidence of her marriage if it was not registered and a death certificate.
Minors below 16 years, who want to change their name through the parent or legal guardian, shall sign the deed poll. If the minor is above 16 years old, then he/she shall consent to the change of name.
According to the Birth and Deaths Registration Act, section 14, the minors’ parents may make an application to the registrar of births and deaths to alter the name upon payment of the prescribed fees.
These applications are made through filling out a form at the Registrar of Births and Deaths.
There are instances where the registrar may prevent one from changing their name for instance if the name includes numbers, symbols, or punctuation marks, if the proposed name is difficult to pronounce, if the name incites criminal activities, racial or religious hatred, or use of controlled drugs, and if the chosen name is vulgar, offensive.
Other instances are if the name ridicules people, groups, government departments, companies, or organizations, if the name creates an impression that one has conferred the rank or academic award, for example, a change of first name to lady, is not acceptable.
The registrar may reject that application for a change of name if it establishes that the objective of the change of name is to perpetuate fraud.
After the change of name, however, there will be discrepancies in your educational and professional certificates and title deeds. This can be rectified by an affidavit or rectification applications.
“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,” Scola stated.
Here are the requirements needed to legally change your name in Kenya;
- A letter from the local area chief.
- An identity report of the person (Finger Print Printout).
- A deed poll is prescribed as form 1 of the Regulations to the Registration of Documents Act. (It must be commissioned by a commissioner of oaths).
- The birth certificate of the applicant to the deed poll.
- A statutory declaration as prescribed under the Act (Form 6). It is sworn by a person resident in Kenya who personally knows the applicant by the name they want to change.
- The Deed Poll is then registered with the Registrar of Documents.
- Upon registration, the endorsed documents are to be lodged at the Government Printers’ offices for publishing in the Kenya Gazette.
The name change is effected at this point and the applicant is then advised to apply for a new ID
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A file photo of uncollected National Identity Cards (IDs) on a desk at the Kisumu Huduma Center.PhotoHuduma Center
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