[2025] KEHC 1178 (KLR)

Njoroge v Director Kenya Citizens and Foreign Nationals Management Services & 2 others (Miscellaneous Civil Application E216 of 2024) [2025] KEHC 1178 (KLR) (28 January 2025) (Ruling)

Neutral citation: [2025] KEHC 1178 (KLR)

Republic of Kenya

In the High Court at Kiambu

Miscellaneous Civil Application E216 of 2024

DO Chepkwony, J

January 28, 2025

Between

Rose Wangari Njoroge

Applicant

and

Director Kenya Citizens and Foreign Nationals Management Services

1st Respondent

Cabinet Secretary, Ministry of Interior and National Adminsitration

2nd Respondent

The Hon Attorney General

3rd Respondent

Ruling

1. What is before this court for determination is the Originating Notice of Motion application dated 15th October, 2024 which seeks the following orders:a.That a Declaration be and is hereby issued that the Applicant is the holder of all the following documents; Certificate of Birth number 36XXXX18, certificate of marriage number 21XXXX98 and national identity card no. 10XXXX02. b.That the Director, Kenya Citizens and Foreign Nationals Management Services issues to the Applicant a passport bearing the name Rose Wangari Njoroge.c.That this Honourable court be pleased to grant any other orders that it deems fit and expedient.

2. The Application is based on the grounds as set out on the face of it and the Supporting Affidavit of Rose Wangare Njoroge sworn on 15th October, 2024. According to the Applicant, she is a holder of National identity card number 10XXXX02. That she lost her Kenyan passport, whose number she cannot recall, sometime in 1995 and when she applied for a replacement, her application was denied on account of an apparent inconsistencies in the name on the National Identity Card and Certificate of Marriage. The Immigration Officer then advised that to obtain a court order to satisfy that she was the same person in the Certificate of Marriage and the National Identity Card for the passport replacement to issue.

3. It is the Applicant’s contention that in her Birth Certificate, her name “Wangari” was written as “Wangare”, which name she consistently throughout her life has been using and in her school and career her full name included her father’s name “Njatha” so that her full name was “Rose Wangari Njatha” before she got married and when she got married to one Kenrick Wilson Njoroge Michuki on 24th August, 2022, the Applicant adopted his name Njoroge and therefore her official name changed to Rose Wangari Njoroge.

4. The Applicant goes on to state that she was baptised on 29th October 1972 and was given the name Mourine but she did not adopt it as her official name. However, it is the Applicant’s contention that when she wedded, the Officiating Priest used her baptism name in the marriage certificate, wherein her name appears as Rose Maureen Njatha while that of her husband appears as Kenrick Wilson Michuki, Michuki being his surname. The name Njoroge does not appear as one of her husband’s name. That it is these name discrepancies that have hindered her application for passport.

5. The Applicant confirms that the names in the marriage certificate Rose Maureen Njatha and the names in the national identity card Rose Wangari Njoroge refer to one and the same person, which person is herself and has urged the court to allow the application.

6. The court directed the application to be served upon the Respondent and interpartes hearing on 21st January, 2025, when the matter came up for hearing, the Respondents had not filed a response and did not send representation. As a result, the Applicant urged the court to find the application unopposed and grant the prayers sought.

7. The court has read through the Supporting Affidavit sworn by the Applicant and the annexures attached thereto to find that the Applicant’s National Identity Card No. 10XXXX02 shows her name as Rose Wangari Njoroge, her Birth Certificate shows her name as Wangare while her school leaving certificate, Bachelor of Arts Degree Certificate, Indian Management Research Training Institute Certificate, Kenya Institute of Management result slip and Certificate of service from Kenya National library Services all which bear the name Rose Wangari Njatha.

8. The court has also seen the national identity card of the Applicant’s father Eliud Ngure Njatha, the baptism card which bears the name Rose Mourine Wangari and the marriage certificate which has the name of the Applicant, Rose Maureen Njatha and that of her husband as Kenrick Wilson Michuki and confirms the discrepancies in the names in the different documents, which all belong to one and the same person, who is the Applicant.

9. The court has also read through the Affidavit sworn on 16th May, 2023 by the Applicant indicating the loss of her passport sometimes in 1995 and it confirms the need to seek for a replacement of the same.

10. Having carefully perused the annexures attached to the Supporting Affidavit in support of the Notice of Motion Application dated 15th October, 2024, and there being no response filed to either confirm or challenge the prayers sought, the court finds that the application is unopposed and proceeds to allow the same in the following terms:a.That a declaration be and is hereby issued that the Applicant is the holder of all the following documents; Certificate of Birth Number 36XXXX18, Certificate of Marriage Number 21XXXX98 and National Identity Card No. 10XXXX02. b.That, the Director, Kenya Citizens and Foreign Nationals Management Services issues to the Applicant a passport bearing the name Rose Wangari Njoroge.c.That there shall be no orders as to costs.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 28TH DAY OF JANUARY, 2025. D.O CHEPKWONYJUDGE.