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Kenya Judgment

High Court · High Court at Nairobi (Milimani Law Courts)

KDN v SMN & 2 others [2025] KEHC 8285 (KLR)

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Source document

01

Holding and result

The court found that the applicant's name was entered as the biological father of the minor based on the 1st respondent's request, but subsequent DNA evidence conclusively established that the applicant is not the biological father. The 1st respondent did not oppose the application, and there was no evidence of marriage or ongoing relationship between the parties. The court held that there was no legal or factual basis for the applicant's name to remain on the birth certificate. Upholding the accuracy and integrity of official records, the court allowed the application, ordering the removal of the applicant's name from the birth certificate and directing the 3rd respondent to issue a new certificate omitting the applicant's name.

Court disposition

application allowed

Orders

  • The applicant's name shall be deleted from the child's birth certificate.
  • The 3rd respondent shall issue a new birth certificate for the child that does not include the applicant's name.
  • No order as to costs.

02

Material facts

Parties

KDN

Applicant

SMN

Respondent

Attorney General

Respondent

Deaths Department

Respondent

03

Procedural history

  1. Posture

    Miscellaneous Application / Determination of Unopposed Application

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant argued that his name was entered as the biological father of the minor at the request of the 1st respondent. He subsequently undertook a DNA test, which conclusively established that he is not the biological father. He sought removal of his name from the birth certificate and issuance of a new certificate without his name.
Respondent
The 1st respondent did not oppose the application. The 2nd and 3rd respondents entered appearance but did not file any response or attend the hearing. The application was thus unopposed.

05

Court’s reasoning

  1. 01

    Births and Deaths Registration Act (Cap 149), section 14

    A birth certificate should accurately reflect the biological parentage of a child, and where evidence conclusively disproves paternity, the record should be corrected.

  2. 02

    Inherent jurisdiction of the High Court; relevant case law on rectification of civil records

    The court has discretion to order rectification of civil status documents to uphold the integrity of legal records and the child's identity.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicant's name was entered as the biological father of the minor based on the 1st respondent's request, but subsequent DNA evidence conclusively established that the applicant is not the biological father. The 1st respondent did not oppose the application, and there was no evidence of marriage or ongoing relationship between the parties. The court held that there was no legal or factual basis for the applicant's name to remain on the birth certificate. Upholding the accuracy and integrity of official records, the court allowed the application, ordering the removal of the applicant's name from the birth certificate and directing the 3rd respondent to issue a new certificate omitting the applicant's name.

Obiter and limits

  • The process of rectifying civil status documents must ensure the child's identity is protected and legal standards are maintained.
  • Unopposed applications, especially where supported by conclusive scientific evidence, may be determined summarily to avoid unnecessary delay.

Court disposition

application allowed

  • The applicant's name shall be deleted from the child's birth certificate.
  • The 3rd respondent shall issue a new birth certificate for the child that does not include the applicant's name.
  • No order as to costs.

Source and reliance status

High Court

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Judgment text

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Source document

High Court

Judgment

[2025] KEHC 8285 (KLR)

KDN v SMN & 2 others (Miscellaneous Case E084 of 2025) [2025] KEHC 8285 (KLR) (Family) (22 May 2025) (Award)

Neutral citation: [2025] KEHC 8285 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Family

Miscellaneous Case E084 of 2025

CJ Kendagor, J

May 22, 2025

Between

KDN

Applicant

and

SMN

1st Respondent

Attorney General

2nd Respondent

Deaths Department

3rd Respondent

Award

1. The Applicant K.D.N has submitted the application dated 25th March, 2025 against S.M.N., who is the biological mother of G.J.N., as well as the 2nd and 3rd respondents, who are state officers.

2. The Applicant is seeking for the following orders;a.That the Honourable Court be pleased to direct the 2nd and 3rd Respondents to remove, delete and/or strike out the name of the Applicant from the Birth Certificate Number 000XXX177 Entry Number 0264XXX642 belonging to GNJN (minor);b.That this Honourable Court be pleased to direct the 2nd and 3rd Respondents to issue the child with another Birth Certificate which does not bear the name of the Applicant;c.That cost of this application be provided for.

3. The 1st Respondent attended Court at the hearing of the application and stated that she had no objection to the orders sought.

4. The 2nd and 3rd Respondents entered an appearance but did not file a response, and neither attended the Court session at the hearing.

5. The application was treated as unopposed.

6. The facts disclosed on the face of the application indicate that the Applicant’s name was recorded as the biological father of the Child at birth, a designation made at the request of the 1st Respondent. Subsequently, a DNA test was conducted at the Applicant’s initiative, and the results, included as an annexure to this application, conclusively demonstrated that the Applicant is not the biological father of the Child.

7. The 1st Respondent did not oppose the application, which may indicate an acknowledgement of the issues raised. The parties involved are not legally married, and there is no evidence to suggest that their romantic relationship still exists or that they share living circumstances. Consequently, there is no basis for inferring any acquired parental responsibility over the Applicant.

8. Disposition;i.The Application dated 25th March, 2025 is allowed with no order as to costs.ii.The Applicant’s name shall be deleted from the Child’s birth certificate.iii.The 3rd Respondent shall issue a new birth certificate for the Child that does not include the name of the Applicant. In doing so, the 3rd Respondent will have the discretion to include any pertinent information that may be relevant for the entries on the birth certificate, ensuring that all details are accurate. This process aims to uphold the integrity of the Child’s identity while complying with legal standards.

9. It is so ordered.

DATED, DELIVERED AND SIGNED AT NAIROBI THROUGH THE MICROSOFT TEAMS ONLINE PLATFORM ON THIS 22ND DAY OF MAY, 2025. C. KENDAGOR………………………JUDGEIn the presence of:Court Assistant: Beryl

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Births and Deaths Registration Act (Cap 149)

Legislation

Legislation referenced in the available case record.

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