A person's name holds significance beyond mere identification; it embodies elements of identity, cultural heritage, and legal validation.
Life transitions often prompt individuals to reassess their names. Whether celebrating the union of marriage, navigating the end of a partnership, or seeking personal transformation, the process of name alteration entails a journey through legal channels.
This article delves into the process of name changes within the Kenyan context, looking at the legal steps involved.
Application for a deed poll
A Deed Poll stands as a legal testament to a name change. To initiate this process, one must complete a deed poll, which involves filling Form 1 within the Regulations to the Act.
This document, alongside the birth certificate, is then submitted to the Registrar of Documents for official registration.
The office of the Registrar of Documents is located in Sheria House, Harambee Avenue with more regional offices in other parts of the country.
The individual executing the document must appear before the registrar in person, verifying their identity and intentions.
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Within the deed poll, the applicant renounces their former names, adopting a new name.
Additionally, the document grants authorisation for all parties to address the individual by their new name.
The deed poll must be attested by an advocate, magistrate, or commissioner for oaths. During this first step, a fee of Sh500 is paid to the Registrar of Documents.
Required documentation for name change
Throughout the application process, several documents are mandatory, including:
- A letter from the area chief affirming the applicant's citizenship and residency.
- A fingerprint printout from the registrar of persons.
- An affidavit from a witness acquainted with the applicant for at least a decade.
- Two passport-size photos.
- Birth certificate and parental identity cards.
- Marriage or divorce certificates and school leaving documents.
Registrar's considerations and publication
Upon fulfilling all legal prerequisites, the deed poll undergoes registration at the Principal Registry.
Subsequently, the registrar advertises the name change in the Kenya Gazette, notifying the public of the alteration.
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Instances your name change could be declined
The registrar reserves the right to reject name changes that are:
- Impractical to pronounce or incorporate numbers, symbols, or offensive language.
- Names promoting criminal activities, racial or religious animosity, or disparagement of individuals or entities will also be declined.
- Names implying conferred or inherited titles, ranks, or academic distinctions are ineligible e.g. titles such as sir, lord, or professor cannot be adopted as first names.
Finalising the name change
Following registration and publication, the individual must update their name across all official records, including identification cards, passports, driver's licenses, bank accounts, and academic certificates.
Legal implications to know after a name change
- Identity verification: It is important to inform relevant authorities and institutions of the name change to facilitate smooth identification and communication.
- Inheritance and property rights: While a name change does not alter inheritance or property rights, updating legal documents is essential to prevent confusion or disputes.
- Minors: Name changes for minors necessitate parental consent and may entail different procedures. Legal guidance is recommended to ensure compliance.