Good morning, sir. I need your advice concerning my name change. I separated from my husband, and he's now married traditionally. I want to drop his name from my national Identity Card.
Separation in the context of marriage draws us to review the process of dissolving it. First, it means that the union, as described in Section 3 of the Marriage Act, is subsisting under challenging circumstances, and the parties within it are willing or contemplating to terminate their presence and commitment to the vows that constitute it. Several sections of the Marriage Act provide for judicial separation, which, in legal and social limits, implies parties in a marriage wishing to stay apart for a while as they review and reflect on whether to continue celebrating their union or to find a means of ending.
If this is the context, it's crucial to understand the process of name change, a fundamental right you also exercised when you acquired your husband's name as part of your identity. Name change in Kenya is governed by three laws, which apply to a person depending on their age and marital status.
These laws find their legitimacy in the Kenyan Constitution, particularly Articles such as 11 on culture recognition, 12 on citizenship, and 53 on a child's right to name and nationality. All these speak to your right to identity, which is the first point of call when seeking to access or acquire certain legal registration documents such as national Identification (IDs) cards, passports, birth, marriage, education, and death certificates amongst others.
On separation, an applicant who seeks to change their name by dropping the spouse's must provide certain pieces of evidence to support their application. The Registration of Documents Regulations demands that such an applicant completes a Deed Poll. A deed poll is a facilitative legal document operationalising a person's right to officially change their name.
The change could be in many forms, including adding, removing, or rearranging how the names appear on the identification documents in their possession. The deed poll confirms that from the change date, one commits to be known and addressed as the person whose name appears on it. This then buries the older name and the attendant identity for eternity.
The Fifth Schedule of the Registration of Persons Rules provides the document upon which the change of name is initiated. While completing this form as a necessary document to effect the change being sought, the applicant is expected to provide other documents to support the application.
These documents are, namely, an affidavit or statutory declaration by a person who is resident in Kenya and has known you by the name you wish to change from a birth certificate; the national identification (ID) card, which is likely the one with your spouse's name on it: marriage certificate: and a certificate from an advocate certifying separation.
Once the completely supported application has been received by the Registrar of Persons, he or she shall proceed to Gazzette the proposed name and await to hear of any contention by anyone who may find such reason to. However, even without any person objecting, the law gives about five reasons that can motivate the Registrar of Persons to reject an application. These reasons are based on maintaining the integrity of the name change process and ensuring it's not misused. It's important to be aware of these reasons to avoid any potential issues.
If, in the assessment of the Registrar, the selected name sounds vulgar or connotes an offence, seems to promote criminal activities or racial, religious, and ethnic hatred, it shall be rejected if the said name has in its spelling some punctuation marks, numbers or symbols, it shall then be rejected.
The application also fails if there is a strong belief by the Registrar that such a name does incite the use of controlled drugs. The other three grounds cited by the Registrar to deny an applicant the name of their choice are: if the chosen name is deduced to be ridiculing people, certain groups, government agencies, companies, or organisations: if it creates an impression that such an applicant has acquired, inherited or been conferred a title, rank or academic award.
The titles could include terms like Sir, Prince, Princess, Lord, Lady, Dr., and Professor, amongst others like Baron or Baroness, and if the Registrar may establish that the change of name is motivated by the possibility of perpetuating fraud.
Once the name change has been done, one must be aware of the consequences of harmonising the names on their other legal documents, such as school certificates, land title deeds, passports, employment cards, and others.
