How to change your name legally
Changing Your Name Through a Deed Poll
The most common legal method for changing your name in Kenya is by using a Deed Poll. A Deed Poll is a legal document used primarily to change one's name in which you declare that you are abandoning your old name and adopting a new one.
It is a written statement or declaration that is executed by an individual or entity usually the person changing their name. It is a straightforward and cost-effective process that doesn’t require court intervention.
Legal Procedure for Creating a Deed Poll in Kenya
Here’s a general overview of the steps involved in creating and using a Deed Poll in Kenya:
1. Drafting the Deed Poll
- A Deed Poll should be drafted carefully to reflect the intentions of the individual or party. If it's for a name change, the deed will state the individual’s current name and the new name they wish to adopt.
- The document should include clear statements, such as:
- The current name of the person.
- The new name the person intends to adopt.
- The intention to be recognized by the new name in all legal contexts.
- A statement that the individual renounces the old name and adopts the new one.
2. Execution of the Deed Poll
- The individual wishing to change their name or make a declaration must sign the Deed Poll in the presence of a witness.
- The witness must also sign the document, confirming that they observed the individual signing the Deed Poll.
3. Registering the Deed Poll
- Register it with the Registrar of Documents.
- The change of name will be gazetted in the Kenya Gazette for public notice..
4. Update Official Records/ Informing Relevant Parties
You must notify relevant parties (such as government agencies, employers, educational institutions, and banks) about your name change.
After signing and possibly registering the Deed Poll, you will need to update your name with relevant authorities. These typically includes:
- National Identification Card (ID): Submit your Deed Poll to the Registrar of Persons for a new ID card.
- Passport: Notify the Immigration Department and provide the Deed Poll to obtain a new passport reflecting your new name.
- Bank and Financial Institutions: Provide the Deed Poll to update your name on your bank accounts, credit cards, and other financial records.
- Property Documents: If you own property, update your title deeds with your new name.
- Educational and Employment Records: Notify your former school or employer of your name change so they can update records such as certificates and employment records.
Some institutions may require a certified copy of the Deed Poll to update their records accordingly.
Key Legal Aspects of a Deed Poll
- Legal
Effect:
A Deed Poll is legally binding on the individual who executes it. For example, if you change your name by deed poll, all your future legal documents should reflect the new name, and you are expected to be recognized under the new name in all legal contexts. - Public
Record:
Registering a Deed Poll creates a public record, which can be helpful if there is any dispute regarding the name change or declaration. - Court
Orders for Name Change:
In some cases, such as when the name change is contested, or if you are changing your name for a reason that requires judicial approval (e.g., avoiding debt or criminal activity), you might need to obtain a court order to change your name, rather than relying solely on a Deed Poll.
Schedule an appointment to help you change your name legally.
