[2025] KEHC 9661 (KLR)

[2025] KEHC 9661 (KLR)

The court found that the inclusion of the 1st Respondent's name as father on the minor's birth certificate was based on incorrect information, as established by DNA evidence and the consent of both parents. Article 35(2) of the Constitution entitles every person to correction of untrue information, and Article 53(2)...

Source-derived case information.

Citation
[2025] KEHC 9661 (KLR)
Parties
Applicant: MAW; Respondent: TM; Respondent: Attorney General; Respondent: Registrar of Births and Deaths Department of Civil Registration
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
4 July 2025
Case Number
Miscellaneous Application E282 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion
Outcome
application partially allowed
Judges
H Namisi
Legal Topics
Birth Registration, Correction of Birth Records, Child Identity, Parental Rights, Change of Name
Source Language
english
Family and Children Birth Registration Correction of Birth Records Child Identity Parental Rights Change of Name

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Parties

MAW

Applicant

TM

Respondent

Attorney General

Respondent

Registrar of Births and Deaths Department of Civil Registration

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion

Legal Issues

  1. 1 Whether the name of the 1st Respondent should be deleted from the minor's birth certificate following DNA evidence of non-paternity.
  2. 2 Whether the minor's name can be changed on the birth certificate given the statutory time limits.
  3. 3 Whether the best interests of the child require correction of the birth record.

Ratio Decidendi

The court found that the inclusion of the 1st Respondent's name as father on the minor's birth certificate was based on incorrect information, as established by DNA evidence and the consent of both parents. Article 35(2) of the Constitution entitles every person to correction of untrue information, and Article 53(2) requires the court to act in the best interests of the child. Section 12 of the Births and Deaths Registration Act prohibits entry of a father's name except by joint request or proof of marriage, which was not applicable here. The court held that it would be detrimental for the child to retain an incorrect paternal identity. However, the request to change the minor's name...

Court Disposition

application partially allowed

Orders

  • The Registrar of Births and Deaths and the Department of Civil Registration is directed to delete, remove, strike out and/or correct from the Register and the minor’s Certificate of Birth serial Number 669xxx3 the name of the 1st Applicant as her father.
  • Upon such deletion, the 3rd Respondent shall reissue the minor with a Certificate of Birth which does not bear the name of the 1st Applicant or any other person as the father of the minor.