Changing your name is a personal decision. You can change your name due to marriage, divorce, a change of religion, or simply because you want your name to align with your identity.
In this article, we will guide you through everything you need to know about legally changing your name in Kenya.
Table of Contents
- Why People Change Their Names?
- Who Can Change Their Name?
- How to Change Your Name: The Legal Process in Kenya.
- The Required Documents
- The Cost of Changing Your Name in Kenya.
- Conclusion
- FAQs
Why People Change Their Names?
Many reasons can lead a person to change their name. Some of the common reasons include:
- Marriage or Divorce: A person may want to adopt their spouse’s name after marriage or revert to their maiden name after a divorce.
- Cultural or Religious Beliefs: People may change their name to align with their beliefs after changing religions. For example, after converting to Islam or Judaism.
- Personal Preference: Sometimes, individuals want a fresh start or a name that better reflects their identity. For example, it is very common these days for individuals to formally drop their English name, preferring to be known only by their middle name and surname. We have also all heard of Hon. Ferdinand Ndungu Waititu Babayao, who adopted the name “Babayao” through the change of name process.
- Corrections: Correcting a misspelling or error on one of your documents, e.g. your birth certificate or other official documents. If the error is significant, you may be required to follow the change of name process.
Therefore, Kenyan law allows for name changes for varied reasons, provided one follows the correct procedure and has a valid reason for their change.
Who Can Change Their Name?
Anyone can change their name as long however, the process differs slightly based on age.
- For Adults (18 years and above): You can change your name without the need for parental consent.
- Minors (below 18 years): A minor can only change their name through a parent or legal guardian. Minors above sixteen (16) years of age must consent to the change of name, and their consent must be shown (endorsed) on the deed poll and witnessed by an advocate. In all cases, consent from both parents is required to change a minor’s name.
How to Change Your Name: The Legal Process in Kenya
Now let’s walk through the actual steps in the name-changing process.
1. Swear a Statutory Declaration (Deed Poll)
The first step is to swear a statutory declaration, commonly known as a Deed Poll, under the Registration of Documents Act and the Registration of Documents (Change of Name) Regulations. This document is a formal statement indicating your intent to change your name.
What is a Deed Poll?
A Deed Poll is a legally binding document sworn by one person declaring that they have legally abandoned their former name and have adopted the new one. It allows individuals to officially change one name (e.g. a forename or surname), or rearrange the order of their existing names.
A deed poll must state that from the date of its making, you renounce your old name, assume your new name, and that you authorise all persons to address you by your new name and not your former name.
You must sign the deed poll in the presence of a commissioner of oaths, who must then commission it.
- Explore our article on the difference between affidavits and statutory declarations for a better understanding.
2. Obtain Statutory Declarations of Identity from People Who Know You
You must also obtain Statutory declarations sworn by at least two (2) individuals familiar with your former name and by the name you aspire to adopt for at least 10 years.
3. Provide the Required Documents Proving Your Identity
Several supplemental documents may be required based on individual circumstances. Here is a list of some of the documents required to legally change your name in Kenya:
- A letter from the area chief confirming your identity and residence.
- Fingerprint printouts obtained from the Directorate of Criminal Investigation (DCI).
- Two passport-size photos.
- Birth or baptism certificate.
- Certified copies of the Identity cards of your parents.
- School leaving certificate.
- Divorce Decree if the name change is due to divorce
- Spousal consent and Marriage Certificates where the name change is due to marriage
- Death Certificate of Spouse if the change of name is due to the loss of your spouse.
- If applicable, a certificate from an Advocate if you are temporarily resident outside of Kenya or are separated from your spouse, where the separation is likely to be permanent.
We have created a checklist to assist anyone going through the process.
- Download the Change of Name Checklist.
4. Gazette the Name Change
After signing the Deed Poll, you must submit it to the Registrar of Documents for publication in the Kenya Gazette. The purpose of gazettement is to notify the public of your intention to change your name. This process is now streamlined and available on the eCitizen platform. Here’s how this works:
- The registrar will publish the notice in the Kenya Gazette.
- You will wait for about 30 days for any objections. If no objections arise, the name change is complete.
5. Registration of the Name Change
After meeting all the requirements, forward the name change for registration with the Principal Registry in Nairobi or the Coast Registry.
During registration, you are required to pay a nominal amount of Stamp Duty. This follows the usual method.
Read: Payment of Stamp Duty on Leases in Kenya.
6. Updating Your Official Documents
Once your name is legally changed, the next step is updating your identification documents. These include:
- National ID card
- Passport
- Birth Certificate (if applicable)
- Bank accounts
- Driver’s license
- Education and Other Certificates
You will need to present a certified copy of the Deed Poll and the Kenya Gazette notice to update your documents.
The Cost of Changing Your Name in Kenya
On average, you can expect to pay between Ksh 10,000 and Ksh 15,000 in government charges to change your name. Legal charges vary and are assessed on a case-by-case basis.
Common Mistakes to Avoid When Changing Your Name in Kenya
Changing your name is a legal process, and mistakes can delay the procedure. Here are some common errors to avoid:
- Not updating your documents: After the name change is registered, many people forget to update their ID cards, passports, and other essential documents. Failing to do so can lead to complications later.
- Not gazetting the name change: Some may overlook the importance of gazettement. This step is crucial for the name change to be recognised by law.
- Using the new name prematurely: You should not start using your new name until the process is finalised, as this can create legal confusion.
Conclusion
Changing your name in Kenya is a straightforward legal process. With the right guidance, you can complete the process smoothly. Whether you’re changing your name for personal, social, cultural, or religious reasons, it is important to follow the proper steps. Remember, the name change becomes official only after the process is gazetted, the deed poll marked registered, and all relevant documents are updated.
If you need assistance with your name change, our team of experienced lawyers is here to help. Schedule a Consultation with us so we can help you get started on the process of changing your name.
FAQs About Name Changes in Kenya
1. How long does the name change process take in Kenya?
The process can take 60 – 90 days, depending on how fast the Deed Poll is gazetted and objections are addressed.
2. Can I change my name after divorce?
Yes, you can revert to your maiden name after divorce by following the same Deed Poll process.
3. What happens if someone objects to my name change?
If an objection is raised, the Registrar will investigate the reason for the objection before deciding whether to approve or reject the name change.
4. Can I change my name more than once?
Yes, the law allows you to change your name multiple times, provided you follow the legal procedure.
5. Is there a minimum age to change a name?
Yes, only individuals 18 years and older can change their names without parental consent. For minors, the parents or guardians must apply on their behalf.
6. Can I Change a Child’s Name?
Yes, you can change your child’s name, but there are additional requirements for minors:
- Consent from both parents or legal guardians.
- The child must be below eighteen (18) years of age
- Minors above the age of sixteen (16) must consent to the name change
- You will need to follow the same Deed Poll process, but with the guardians acting on behalf of the child.
7. Is It Possible to Revert to My Old Name?
Yes, you can revert to your old name. The process is the same as the initial name change. You will need to swear another Deed Poll, have it gazetted, and update your documents again.