Did you know that you can legally give your child any name you want at any point in their lives, even Raila Amolo Odinga?
It is common to hear of children being named after prominent figures, and the late former Prime Minister Raila Odinga even named his firstborn son Fidel Castro Odinga after the Cuban leader who is credited with liberating Cuba.
Well, it is also possible to change a child's name. In an explainer shared on Saturday October 18, lawyer Danstan Omari explained that the Kenyan Constitution allows for a child to be renamed at any point after initial naming.
According to Omari, these provisions are set out in Chapter 149 of the Constitution, specifically in Section 14 of the Births and Registrations Act.
He pointed out that, in the case of parents wishing to rename their children after the former PM, Section 14 allows for the straightforward renaming of a child as Raila, which is particularly easy when the child is under two years old.
In this case, the parents would just submit a simple application to the Office of the Registrar of Births. A key requirement is the child’s birth certificate, the parents’ identification documents or marriage certificate, evidence of the address or residence, and the prescribed fee of Ksh40.
For a child over two years, the process is a bit more nuanced, as more legal steps need to be taken before such a change is approved.
For children over two years, one requires a deed poll, which declares the old name is renounced and the new name is adopted.
By definition, a deed poll is a written, signed, and witnessed declaration that a person has abandoned their old name and adopted a new one. It serves as proof of name change for all legal and administrative purposes, like updating a birth certificate, passport, ID, or school records.
It must include the old name, the new name, and a declaration of renunciation. Also, the critical document must be signed in the presence of an advocate.
Aside from the deed poll, a statutory declaration or affidavit by a witness who has known the child, or the person applying, for several years, is another requirement.
Other requirements include a letter from the area chief confirming residence or citizenship, a fingerprint printout of the parent, the child's birth certificate, and the consent of the child when he is over a certain age (16 years).
Once the parents have gathered these documents, the next step is to submit them to the Registrar of Documents, often via the Office of the Attorney-General or Registrar General’s Department for registration.
After the deed poll is registered, the name change must be published in the Kenya Gazette to notify the public and allow for objections.
After gazettement and successful registration, the name change is recognised, and one can start changing the name in other official records.
Once the official change is effected, the parents will need to request a new birth certificate reflecting the new name, update school records, ID (if the child eventually gets an ID), passports, and bank records.
In terms of the fees and processing times, parents typically pay a fee of Ksh500 for the drafting or registration of the deed poll. Additional costs may be seen in the publication in the Gazette and legal fees. The entire process may take 60 days after gazettement, but this may vary.
Despite the law allowing one to change their child’s name, there are some additional or practical issues to consider. If the name is identical to a prominent leader, in this case, Raila Odinga, you might encounter objections if it is seen as misleading, suggesting you are that person, or you claim some title or status.
As a result, the law allows rejecting names that create a false belief of a conferred title or rank, or if the name change might be with the intention to use it for fraudulent purposes. Also, the name change must be consented to by both parents.
