The Registration of Documents (Change of Name) Regulations

Legal Notice 277 of 1967

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Legal Notice 277 of 1967
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Registration of Documents Act
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LAWS OF KENYA

REGISTRATION OF DOCUMENTS ACT

THE REGISTRATION OF DOCUMENTS (CHANGE OF NAME) REGULATIONS

LEGAL NOTICE 277 OF 1967

  • Published in Kenya Gazette Vol. LXIX—No. 66 on 22 December 1967
  • Commenced on 22 December 1967
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Registration of Documents (Change of Name) Regulations.

2. Interpretation

In these Regulations—"minor" does not include a woman who has been married;"the relevant person" means the person whose name is being changed.

3. Document evidencing change of name may be endorsed on registration

(1)A document evidencing a change of name of a person resident in Kenya—
(a)which is in Form 1 in the Schedule of these Regulations; and
(b)in respect of which the following requirements of these Regulations have been complied with,
shall, upon being registered, be endorsed by the registrar with the words "Registered in accordance with the Registration of Documents (Change of Name) Regulations 1967".
(2)If the relevant person is a woman she shall be described in the document as a spinster, a married woman, a widow or (if her marriage has been dissolved) a feme-sole, as the case may be.
(3)The document shall be signed by the relevant person in both the old and the new names (or in the case of a minor by his parent or other legal guardian), and the signature shall be witnessed by one witness.
(4)If a minor whose name is being changed is over sixteen years of age his consent shall be endorsed on the document and witnessed by an advocate.

4. Further evidence to be produced

The following further evidence shall be produced to the registrar in relation to the relevant person—
(a)in all cases, a certificate of birth, unless the birth was not registered;
(b)if a married woman, her certificate of marriage, or other evidence of her marriage if it was not registered, together with—
(i)the written consent of her husband to her change of name, the consent being endorsed on the document evidencing the change of name and witnessed by an advocate; or
(ii)a certificate from an advocate that she is living separate from her husband in such circumstances that the separation is likely to be permanent;
(c)if a widow, her certificate of marriage, or other evidence of her marriage if it was not registered, together with the certificate of death of her husband;
(d)if a feme-sole, her certificate of marriage, or other evidence of her marriage if it was not registered, together with the decree absolute or certificate of divorce.

5. Statutory declaration

The documents mentioned in regulations 3 and 4 shall be exhibited to a statutory declaration made by a person resident in Kenya in Form 6 in the Schedule.

6. Resident outside Kenya

If the relevant person is resident outside Kenya evidence shall be produced that he does not intend such residence to be permanent, and the registrar may require the production of a certificate by an advocate as to the nature and probable duration of such residence.

7. Forms

The forms set out in the Schedule shall be used for the purposes of these Regulations.

SCHEDULE

FORMS

FORM 1(rr. 3, 5, 7)
DEED POLL ON CHANGE OF NAME
THIS CHANGE OF NAME DEED is made this ................... day of ............ 20 .......... by me ................ of ................. 1 ...................... a resident of Kenya now or until recently called.................................WITNESSES AND IT IS HEREBY DECLARED [On behalf of myself my wife and my children and remoter issue born or to be born] 2 as follows :—
1.I absolutely renounce and abandon the use of my said former name of ..................... and I assume and determine to take and use [from the date hereof] 1 the new name of.................... in substitution for my former name of ........................
2.I shall at all times hereafter in all records documents and other writings and in all actions and dealings and on all occasions whatsoever use the new name of................................ in substitution for my former name of ................................. so relinquished as aforesaid to the intent that I [my wife and my children and issue] 3 may hereafter be known not by the former name of....................... but by the new name of ....................... only.
3.I authorize and require all persons at all times to describe and address me [my wife and my children and issue] 3 by the new name of .....................IN WITNESS whereof I have hereunto subscribed my new name of .......................... and also my former name of..................... and have affixed my seal the day and year first herein written
SIGNED SEALED AND DELIVEREDby the above-named in the presence of: 4}}}...................................................(former name)
  ...................................................(new name)
This is the Deed marked "A" referred to in the Declaration of ......................... and produced and shown to him on making the said Declaration before me this day of ............................. 19 ...........
....................................................Commissioner for Oaths
   
   
   
   
NOTES: 
1Insert name and description. A woman must be described as spinster, married woman, widow or (if her marriage has been dissolved) feme-sole.
2Omit as necessary.
3Omit if the change-has already taken place.
4One witness is required.

_________________________

FORM 2 (rr. 3, 5 & 7)
CONSENT OF HUSBAND
(To be endorsed on Deed Poll of Married Woman)
I ............................ of .................... the husband of the within-named ............................. hereby certify that I consent to the change of name of my wife effected by this Deed.
Date ....................................................Signed ......................
Witness to the signature of the above-named:Advocate. 
_______________________________________
FORM 3 (rr. 3, 5 & 7)
CERTIFICATE OF ADVOCATE
(alternative to Form 2)
I ......................... of .................. an advocate of the High Court of Kenya hereby certify that the within-named........................ is known personally to me and is separated from her husband................... in such circumstances that the separation is likely to be permanent.
Date ....................................................Signed ......................
Witness to the signature of the above-named: ................................. 
_______________________________________
FORM 4 (rr. 3, 5 & 7)
"A"
DEED POLL BY PARENT OR GUARDIAN ON CHANGE OF NAME BY INFANT
THIS CHANGE OF NAME DEED is made the.................... day of................ 19......... by me.............. of....................... the [father and] 1 [mother and] 1 legal guardian of .............. of................. now or until recently called............................ who is an infant now of the age of................... years [and a spinster] 1 and a resident of KenyaWITNESSES AND IT IS HEREBY DECLARED as follows:—
1.On behalf of the said....................... I absolutely renounce and abandon the use of............. his (her) former name of..................... and on his (her) behalf assume and determine to take and use the new name of.................. in substitution for his (her) former name of...................
2.The said.................... will at all times hereafter in all records documents and other writings and in all actions and dealings and, on all occasions whatsoever use the new name of.................... in substitution for his (her) former name of.................. so relinquished as aforesaid to the intent that the said...................... (his wife and his children and remoter issue) 2 may hereafter be known not by the former name of................... but by the new name of................... only.
3.On behalf of the said .................. I authorize and require all persons at all times to describe and address the said ........................... (his wife and his children and remoter issue) 2 by the new name of........................IN WITNESS whereof I have hereunto set my hand and seal the day and year first herein written.
...........................................................SIGNED SEALED AND DELIVERED}by the above-named in the presenceof:—3
(Exhibit marking as for Form 1)
_________________________________
NOTES: 
1Delete as appropriate.
2Delete in the case of a female infant.
3One witness is required.
I ....................... of ................................. being of the age.............. years consent to the change of my name effected by this Deed.
Date ....................................................Signed ......................
Witness to the signature of the above-named:Advocate. 
______________________________
FORM 5  
STATUTORY DECLARATION OF IDENTITY
I............................ of ................................. a person resident in Kenya do solemnly and sincerely declare as follows:—
1.I have for .................. years personally known the person formerly known as ............. and now known as..................... referred to in the Deed now produced and shown to me and marked "A" which person is hereinafter referred to as the relevant person.
2.The certificate of birth now produced and shown to me and marked "B" is the certificate of birth of the relevant person.

[OR]

To the best of my knowledge information and belief the birth of the relevant person was not registered.
3.The relevant person and the person who executed the said Deed marked "A" are one and the same person.
4.I declare as aforesaid from my personal knowledge of the person formerly known as ............. and now known as ..................... and I make this Declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act.Declared by the above-namedBefore me,Commissioner for Oaths.

_________________________

FORM 6  
STATUTORY DECLARATION OF IDENTITY
(for change of name of a minor)
   
I ............................ of................................. a person resident in Kenya do solemnly and sincerely declare as follows:—
1.I have for ................ years personally known' the person formerly known as.................. and now known as ................. and referred to in the Deed now produced and shown to me and marked "A" which person is hereinafter referred to as the relevant person.Minor
2.The certificate of birth now produced and shown to me and marked -B" is the certificate of birth of the relevant person.
3.To the best of my knowledge and belief the person who executed the said Deed is the parent [guardian] of the relevant person.Married Woman
2.The certificate of birth and the certificate of marriage now produced and shown to me and respectively marked "B" and "C" are the certificate of birth of the relevant person (whose single name was ........................) certificate of marriage of the relevant person with [name of husband].Widow
2.The certificate of birth and certificate of marriage now produced and shown to me and respectively marked "B" and "C" are the certificate of birth of the relevant person (whose single name was ................................) and the certificate of marriage of the relevant person with [name of husband].
3.The certificate of death now produced and shown to me and marked "D" is the certificate of death of the said [name of husband]Feme-sole
2.The certificate of birth and certificate of marriage now produced and shown to me and respectively marked "B" and "C" are the certificate of birth of the relevant person (whose single name was ........................) and the certificate of marriage of the relevant person with [name of husband].
3.The certified copy decree absolute of divorce [or] certificate of divorce now produced and shown to me and marked "D" is a true copy of the decree dissolving [or] certificate of the dissolution of my said marriage.
4.I declare as aforesaid from my personal knowledge of the said........................ and I make this solemn Declaration conscientiously believing the same to be true and according to the Oaths and Statutory Declarations Act.Declared by the above-namedBefore me,Commissioner for Oaths.Note.—If any birth, marriage or death was not registered, the declarant should so declare to the best of his knowledge and belief, and the rest of the form should be modified accordingly.
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31 December 2022 this version
22 December 1967
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