The court allowed deletion of a non-biological father’s name from a child’s birth certificate after DNA evidence, but refused a name change because the statutory period had lapsed.
The High Court ordered deletion of the applicant’s name from a child’s birth certificate after DNA evidence showed he was not the biological father.
The High Court dismissed an application to add a man's name to two children's birth certificates, holding that paternity was not proved and statutory procedures were not exhausted.
DNK (Suing as the Mother and Next Friend of Friend of Baby MN (Minor)) v Registrar of Births, Nairobi & another [2025] KEHC 1762 (KLR)
Court
High Court
Case number
Miscellaneous Application E074 of 2024
Judge
PM Nyaundi
The High Court dismissed an application to remove a father’s name from a minor’s birth certificate, holding that the child’s best interests include identity and accurate parentage.
MMK & another v Registrar of Births & Deaths & 2 others [2025] KEHC 16832 (KLR)
Court
High Court
Case number
Miscellaneous Application E027 of 2024
Judge
SN Riechi
The court found that the 1st Applicant is not the biological father of the child TW, as confirmed by both the 2nd Applicant and a paternity test. Both applicants are in agreement and seek the removal of the 1st Applicant's name from the birth certificate. The court emphasized that the best interests of the child are paramount, and it is not in the child's best interests to have the name of a person who is not the biological father and who is unwilling to assume the role of fatherhood on the birth certificate. The court relied on constitutional and statutory provisions, as well as persuasive a…
MMK & another v Registrar of Births & Deaths & 2 others [2025] KEHC 1904 (KLR)
Court
High Court
Case number
Miscellaneous Application E027 of 2024
Judge
SN Riechi
The court's decision was based on the paramountcy of the child's best interests under the Constitution and the Children's Act. Given the conclusive DNA evidence proving the 1st Applicant was not the biological father, and the unwillingess of the 1st Applicant to accept paternity, it was determined to be in the child's best interest to have the 1st Applicant's name removed from the birth certificate to ensure the child has an accurate identity and is not subjected to the imposition of a father who is not biologically related or willing to parent.
The High Court at Nakuru declared two abandoned minors Kenyan citizens by birth, relying on evidence that they were found in Kenya and had unknown parentage.
SMM (Suing through her mother Dorothy Mwendwa Kiminya) v Registrar of Births and Deaths & 2 others [2024] KEHC 7429 (KLR)
Court
High Court
Case number
Miscellaneous Application E128 of 2023
Judge
HK Chemitei
The High Court allowed an application to amend a minor’s birth certificate to add a missing name, relying on the child’s best interests under Article 53 and the Children Act.
The High Court ordered deletion of the applicant’s name from a child’s birth certificate after two DNA tests showed he was not the biological father.