Requirements for Changing a Name in Kenya

The process of legally changing a name in Kenya is governed by the Registration of Documents (Changing of Name) Regulations. The law provides a clear framework outlining the necessary documents required for different categories of applicants.

Once all required documents are compiled, they should be submitted to the Registrar of Documents, along with a prescribed fee of KES 500.

If the Registrar approves the application, the Deed Poll is registered, and a name change notice is published in the Kenya Gazette.

1. Minors

a) Minors Below 16 Years

For children under 16, a parent or guardian initiates the name change process. The following documents are required:

• Deed Poll executed by the parent or guardian.
• Statutory Declaration by a Kenyan resident who has known the minor and wishes to change their name.
• Birth Certificate of the minor.

b) Minors Above 16 Years

In addition to the requirements for minors below 16 years, minors above 16 must provide written consent for their name change. This consent must be endorsed on the Deed Poll.

2. Adults

For adults seeking a name change, the following documents are necessary:

• Deed Poll.
• Statutory Declaration from a Kenyan resident who has known the applicant under both their former and new names.
• Birth Certificate.

3. Married Women

Married women have several options for changing their names, whether adopting their husband’s name, reverting to a maiden name, or making other changes due to marital status.

a) Upon Marriage

A woman may change her name upon marriage using either of the following methods:

1. Application to the Registrar of Persons

• Complete a Form – Application for Change of Particulars in ID/CARD.
• Pay a fee of KES 1,000.
• Attach the following:
  • Affidavit stating the intention to adopt the husband’s name.
  • Original and copy of Marriage Certificate/Affidavit of Marriage.
  • Copies of ID cards of both wife and husband.

2. Through a Deed Poll

In addition to the standard requirements for an adult name change, the following must be provided:

• Marriage Certificate.
• Written consent from the husband.

b) Upon Separation

If a woman has separated from her husband but has not yet obtained a divorce, she may revert to her previous name. In addition to the standard adult name change documents, she must provide:

• Marriage Certificate.
• A certificate from an advocate confirming that the separation is likely to be permanent.

c) Upon Divorce

A divorced woman may change her name through:

1. Application to the Registrar of Persons

• Complete the Application for Change of Particulars in ID/CARD.
• Pay a fee of KES 1,000.
• Attach the following:
  • Affidavit stating the intention to drop the husband’s name.
  • Original and copy of the Marriage Certificate/Affidavit of Marriage.
  • Decree of Divorce.

2. Through a Deed Poll

In addition to the standard adult name change requirements, the following must be provided:

• Marriage Certificate.
• Decree of Divorce/Certificate of Divorce.

d) Upon Death of the Husband

A widow who wishes to drop her husband’s name must provide:

• Marriage Certificate.
• Husband’s Death Certificate.
• Standard documents required for adult name change.

4. Non-Residents

Applicants who are not residents of Kenya must provide proof that they do not intend for their residence in Kenya to be permanent.

5. Special Cases

• If the marriage was not registered, or there is no marriage certificate, an affidavit may be sworn as proof of marriage.

Consequences of Changing Your Name

Once the name change is published in the Kenya Gazette, the applicant must apply for new identification documents. This may create discrepancies in existing official documents such as:

• National Examination Certificates.
• Academic Degrees.
• Bank Records.

To resolve such inconsistencies, an Affidavit of Discrepancy in Names on Certificates should be prepared, stating that both the former and new names belong to the same person.

It is advisable to change your name as early as possible to avoid complications when updating multiple official records later.

Conclusion

Names play a crucial role in personal identity, and the law provides a clear procedure for making changes when necessary. If you feel that your current name does not reflect your identity, you now have a legal pathway to make the change. Understanding the requirements for different applicants ensures a smooth process when updating your legal identity.