Premarital Advice

Adding his name to hers

In the Good Book, children were not just merely named, but each name carried meaning; and it would be intentionally so such that it was a prediction or prophesy of who that child would become. Sometimes the name would also carry the theme of this child’s lifetime assignment.

To date, naming is so important and different communities, cultures and even religions will more often than not, hold celebrations around the naming of a child. More precisely is that in some communities, the child naming is a significant ceremony that warrants relatives being present especially the child’s grandparents, if still alive. So, it is just that serious!

Infact article 53(1) (a) of the constitution of Kenya also provides that every child has the right to a name. Before they get to the age of two, Section 14 of the Births and Deaths Act provides that the parents may make an application to the registrar of births and deaths if they wish to change or make amendments to the child’s name.

In adulthood or above the age of 16, one can also make the deliberate choice to change their names. This may be to reflect a new path of life, honor a loved one and so forth. The most popular instances however of change of names is when a newlywed or not so newlywed bride wants to add their spouse’s name. One might want to drop their father’s name or surname to incorporate their husband’s or hyphenate to include it. It is just a matter of choice now and we talk about how you can go about it.

Quick Facts

According to the law of Kenya the process of changing one’s name is governed by The Registration of Persons Act, The Births and Deaths Registration Act, and the Registration of Documents (Change of Name) Regulations.

To legally change one’s name, a Deed Poll needs to be registered. A deed poll is a legal document binding on a single person or several persons acting to express an intention or create an obligation.

Upon registration, the Registrar will cause the Deed Poll to be advertised in the Kenya Gazette. The consequence of the change of name is that as the applicant, you will need to apply for a fresh national ID Card to reflect the new name.

What would prevent you from changing your name?

It is important to note that there are instances that your application may be declined! Here are the reasons why:

1.If the chosen name(s) are vulgar or offensive.

2.If the name includes numbers, symbols or punctuation marks.

3.If the proposed name is impossible to pronounce.

4.If the name incites or promotes criminal activities, racial religious hatred or use of controlled drugs.

5.If the name ridicules people, groups, government departments, companies, or organizations.

6. If the name creates an impression or belief that you have an inherited or conferred title, honor, rank or academic award that you do not have.

If you are clear on all these accounts, then you can proceed to the process of changing your name.

Where Do I go?

For the change of name, you will go at the Registrar Generals Department, and will be required to pay a fee of Ksh.500 for the deed poll.

Procedure

Step 1.

Rule 9 of the Registration of Persons Rules, 1998 provides that where a married woman wishes to acquire her husband’s name the following should be done:

a. She shall make an application to the Registrar of Persons

b. She will attach the marriage certificate, an affidavit stating her wish to adopt her husband’s name and copies of her Identification card (ID) and his ID as well.

c. This should be accompanied by the husband’s letter of consent.

Step 2.

As a matter of practice, you will be required to furnish the following as well.

1.A letter from the local area chief.

2.An identity report which is a Fingerprint Printout

3. A deed poll prescribed as form 1 of the Regulations to the Registration of Documents Act. (It must be commissioned by a commissioner of oaths).

4.The birth certificate of the applicant to the deed poll.

5. A statutory declaration as prescribed under the Act (Form 6). It is sworn by a person resident in Kenya and who personally knows you as the applicant by the name you want to change.

Step 3.

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 affected at this point.

You are then advised, as the Applicant to apply for a new ID.

After the advised waiting period is over you can go get your new ID and just like that, you have your desired identity.