This archive report was first published on 23 October 2019.
Published on October 23, 2019, a concerned parent reached out to Eric Mukoya, the Executive Director of the Legal Resources Foundation Trust, with a pressing issue regarding their child's name.
The parent had given their child a name in absentia, but upon receiving the birth certificate, they discovered that their wife's family had convinced her to change the first name to match that of her father.
With the child now enrolled in school using the preferred name, the parent sought to know if it was possible to strike out the original name from the birth certificate and replace it with the desired one.
Eric Mukoya addressed the parent's concerns, highlighting four key issues: the right of the child to have a name, the right of both parents to take parental responsibility, the voice of the child in name changes, and the procedures for undertaking such changes.
He explained that the Children's Act, pursuant to the Constitution, gives any child the right to have a name and nationality at birth, making the child's current names valid in law.
Both parents have equal responsibility to parent the child, and they have ensured the child's identification, education, shelter, clothing, and protection from abuse and neglect.
However, the parent had missed the opportunity to change the name within two years of the initial registration. Eric Mukoya suggested resorting to the Registration of Documents or Change of Names Regulations, which allows for a 'deed poll' application for minors.
By completing the deed poll, the parents can indicate the old and new names, sign the document, and have it attested by a witness. If the child is aged 16 or above but below 18, their consent must be sought and endorsed on the document before an advocate of the High Court of Kenya.
Once the deed poll is completed, the change will be published in the Kenya Gazette, enabling the child to officially use the new name. An application for a new birth certificate with the new name will be made to the registrar of births and deaths, and the old name will be vacated.
Eric Mukoya emphasized the importance of involving children in the name-changing process, depending on their age, and highlighted the risks of not registering the correct details in school records, which could lead to the child's inability to register for national examinations.
