Affidavit for change of name in kenya

How to change your name the legal way under the Laws of Kenya

Change of names in Kenya is governed by The Registration of Documents (Change of Name) Regulations. Deed Poll is the form generally used to effect a change of name. It provides documentary evidence that you have changed your name and that you legally bind yourself to using your new name. It is a formal statement to prove that you have changed your name and it provides you with the necessary documentary evidence of the name by which you wish to be known.

They are mostly done be a practicing advocate in Kenya.

By executing the Deed Poll (signing, dating and having your signing witnessed) you are committing yourself to:

• Abandoning the use of your former name;
• Using your new name only at all times;
• Requiring all persons to address you by your new name

Eligibility

To change your own name by Deed Poll, you must be at least 18 years of age. If you are under 18 years of age, one of your parents can apply for a Deed Poll on your behalf so long as anyone else with parental responsibility consents to your name change. Must be Kenyan citizen

Documents required

The matter herein is a change of name by a married woman whereby she is dropping her married name from her Identification Card upon divorce from her husband. Rule 3(2) provides that if the relevant person is a woman she shall be described in the document as a spinster, a married woman, a widow or (if her marriage has been dissolved) a feme-sole. For the above matter the applicant shall be described as feme-sole.

Rule 4(d) provides that if it is a feme-sole making the application the documents required are their certificate of marriage, or other evidence of her marriage if it was not registered, together with the decree absolute or certificate of divorce.

Procedure

Under the Registration of Documents Act, the following procedure must be undertaken to effect a name change.

1. Rule 3(1)(a) provides that one should complete a deed poll prescribed as Form 1 of the Regulations to the Act; The Deed Poll is accompanied by a birth certificate of the applicant.
2. Thereafter the applicant will make an application for registration which is prescribed as Form A in the Registration of Documents (Forms) Regulations which is a Statutory Declaration. This declaration is sworn by a person resident in Kenya and who personally knows the applicant by the name they want to change.

The documents are presented to the Registrar of Documents for registration. There are only two of these registries. There is one in Nairobi which serves the whole of Kenya except the Coast Province, and another one is in Mombasa which serves Coast Province only.

Upon registration, the registrar causes the deed poll to be advertised in the Kenya Gazette. This acts as a notification to the general public of the change of name. Name change is effected at this point.

Under the Registration of Persons Act (Rules), the process of changing the name in your identity card is as follows:

1. Where a registered person wants to change their name on the I.D they are required to attend before a registration officer and give to him the particulars of the change in the form in the Fifth Schedule.
2. Where the change of name is as a result of marriage or divorce the marriage certificate or decree of divorce shall be produced.
3. The registered person shall at the same time surrender his identity card, pay a fee of Kshs. 1000/=, and permit his photograph to be taken for the purpose of enabling a new identity card to be issued to him.
4. The registration officer shall thereupon fill in and sign a certificate in the form in the Fourth Schedule, on which the registered person shall permit his left thumb impression to be recorded, and issue the certificate to the registered person.
5. The Registration officer forwards the application form, the photograph and the surrendered identity card to the Principal Registrar who records the changes in the register of persons; and cancels the surrendered I.D. card.

After the expiration of thirty days from the issue of the certificate by the registration officer, the applicant appears before the registration officer at the registration office specified in the third column of the certificate, and surrenders the certificate in exchange for a new identity card.

Expected outcomes

The registrar may refuse to accept a change of name, if the change is impossible to pronounce, includes numbers or symbols, includes punctuation marks, is vulgar or offensive, promotes criminal activities, promotes racial or religious hatred, promotes the use of controlled drugs, ridicules people, groups, government departments, companies or organisations, may result in others believing you have a conferred or inherited honour, title, rank or academic award, for example, a change of first name to sir, lord, laird, lady, prince, princess, viscount, baron, baroness, general, captain, professor or doctor.

How long

• 21 days for Change of Name Deed Poll
• 30-60 days for Change of Name on I.D

Fees

A fee of Ksh 500 is payable for the deed poll presented for registration, and Ksh 1000 upon surrendering the I.D to the Registrar for a new one.