A birth certificate is a key civil registration document in Kenya, used to establish a child’s identity, nationality, and parentage.
In certain circumstances, such as paternity disputes, clerical errors, or court-directed corrections, it may become necessary to remove or amend a parent’s name.
The process is strictly regulated under the Births and Deaths Registration Act (Cap 149) and is handled by the Office of the Registrar of Births and Deaths.
Legal Grounds and Eligibility for Name Removal
In Kenya, a parent’s name cannot be arbitrarily removed from a birth certificate.
The Registrar only allows amendments where valid legal or factual grounds are established. These include cases where:
- The listed parent is not the biological parent
- There was an error during registration
- A court has issued an order directing the removal
Where parentage is disputed, the matter typically escalates to court. In such cases, DNA test results are commonly used as evidence to determine a biological relationship. Courts may also rely on affidavits, registration records, and other documentary proof before issuing a directive for amendment.
Also Read: How to Correct or Change Your Birth Certificate Details in Kenya
If the application is uncontested and based on clear administrative errors, the Registrar may process the correction without requiring court intervention.
In disputed matters, the process may only proceed after a court order is obtained, ensuring compliance with legal safeguards governing parental rights and civil registration records.
Step-by-Step Application Process
The procedure for removing a parent’s name depends largely on the child’s age.
- For Children Below Two Years
For younger children, amendments can often be processed administratively through the eCitizen platform, Huduma Centers, or the Registrar’s office.
Applicants are required to submit:
- Original birth certificate
- National ID or passport of both parents
- An affidavit explaining the reason for the correction
- Supporting evidence such as DNA test results or a court order (where applicable)
Once submitted, the Registrar reviews the documents and may approve the amendment if satisfied with the evidence provided.
- For Children Above Two Years
For children older than two years, the process is more formal and may require a deed poll and additional legal steps. This process involves:
- Obtaining a letter from the area chief confirming the child’s identity and residence
- Engaging a lawyer to draft the deed poll document
- Signing the deed poll before a commissioner for oaths or advocate
- Submitting the deed poll to the Registrar of Documents under the Department of Civil Registration Services
- Publication of the change in the Kenya Gazette for official notification
After gazettement, a new birth certificate reflecting the updated details can be issued.
Processing timelines varies, where amendments take approximately 10 working days, while deed poll cases may take 4 to 6 weeks, depending on gazette publication schedules and verification requirements.
Fees, Charges, and Required Documentation
The cost of removing a parent’s name from a birth certificate in Kenya varies depending on the process involved.
Administrative Amendment (Below 2 Years)
- Birth certificate amendment fee: Ksh 100
Deed Poll Process (Above 2 Years)
- Deed poll registration fee: Ksh 500
- Lawyer’s drafting fees: Ksh 2,000 – Ksh 5,000 (varies by practitioner)
- Kenya Gazette publication fee: Ksh 500
Also Read: How to Change Name and Other Details on Your Kenyan ID Card
Process of Adding or Amending Names in Kenya
Huduma Centre outlines the process of adding a name to a birth certificate as follows:
Parents who marry after the birth of their child can have the father’s name added to the child’s birth certificate.
To do this, both parents must complete an application for re-registration, swear the form jointly, and be physically present when submitting it.
Applicants must provide identification documents for both parents, the original birth certificate without the father’s name, and either a marriage certificate or a joint affidavit by both parents.
This service is only available to parents who marry after the child’s birth.
The cost varies depending on the amendments required. A birth certificate with no changes costs KSh 60.
Amendments to the child’s name cost KSh 100, while changes to the parent’s name are also KSh 100. A certificate with amendments to both the child’s and the parent’s names costs KSh 140.
