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Process of Change of Name

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The process of changing a name under Kenyan Law is effected through a deed poll.

The law governing the use of deed polls in Kenya is the Registration of Documents Act (Chapter 285), Laws of Kenya, and the change of names regulations set out in the Act.

A deed poll is a document, usually prepared by a lawyer and signed by the person seeking the change of name and which document is thereafter registered with the Principal registry in Nairobi or Coast Registry.

Once the deed poll is registered, the same is advertised in the Kenya Gazette for a period of sixty (60) days as a notification to the general public on the change of name.

The Physical Process
The physical processes involved and documents needed for the change of name include:

  1. The applicant going to the nearest center that issues identification cards for purpose of the applicant’s finger print being taken. At the center, the applicant will be required to fill a form and insert their fingerprint. The applicant then makes the requisite payment. The center usually generates the report within a week;
  2. The Applicant shall then be required to execute a deed poll and sign an affidavit in the presence of a Commissioner for Oaths;
  3. A person who has known the applicant for more than five years or an advocate is also required to sign an independent affidavit confirming the applicant’s identity;
  4. The applicant’s local chief is to issue a letter confirming the applicant’s identity;
  5. The advocate acting for the applicant then submits the following documents to the registrar to facilitate the registration of the deed poll at the registry:
    • The finger print report;
    • The Duly executed and attested deed poll and affidavit;
    • The affidavit sworn by an advocate or a person who has known the applicant for more than five years;
    • The Letter from the chief; and
    • Copy of the applicant’s Identity card and Pin Certificate.
  6. After payment of the statutory costs (see below on costs), the Registrar will then review the documents submitted and either accept or reject the application for change of name.
  7. If the application is accepted by the Registrar and the deed poll registered, the Advocates shall proceed to prepare a gazette notice and after payment, have the same gazetted in the Kenya gazette.
  8. The change shall be advertised in the Kenya Gazette for a period of sixty (60) days to allow for any objections.
  9. After the lapse of sixty (60) working days, the Advocates shall use then submit the original gazette notice and the applicant’s original identity card to the center for issuing identity cards to facilitate the issuance of a new identity card with the new name.
  10. The registrar may refuse to accept a change of name, if the change:-
    • if the proposed name does not include at least one fore name and one surname;
    • is impossible to pronounce;
    • includes numbers or symbols;
    • includes punctuation marks;
    • is vulgar, offensive or blasphemous;
    • promotes criminal activities;
    • promotes racial or religious hatred;
    • promotes the use of controlled drugs;
    • ridicules people, groups, government departments, companies or organisations; and
    • may result in others believing the applicant has 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.

The Costs
The legal and related costs involved in the transaction are as follows:

  1. Identity Card Center printing-
  2. Registration of deed poll
  3. Stamp duty on the deed poll
  4. Gazette Notice
  5. Disbursements
  6. Legal Handling fees
  7. VAT @ 16% on (6) above

Conclusion
A successful registration entitles the applicant to be referred to, and use the new names in his/her every day business.

It is prudent to have the other identification documents (Passports, PIN Certificate, and Driver’s Licenses) also changed to reflect the new name.

Talk to us and let us help you see your desires to light.

Email: info@pkwegaadvocates.co.ke
Call or Whatsapp – 0732575066

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