NAIROBI, Kenya — A Kenyan judge has ruled that both parents must be involved in naming their child, emphasizing that one parent cannot unilaterally make that decision without the other’s consent.
Justice Hillary Chemitei, sitting in Nakuru, delivered the landmark ruling in a dispute between a couple identified in court as CKM and SW.
The couple, who married in 2012 and have five children together, found themselves in court after the father accused the mother of registering their youngest daughter’s name without his knowledge or agreement.
In his decision, Justice Chemitei underscored the emotional and cultural significance of naming, especially within the context of modern parenting, interracial unions, and evolving family dynamics.
He ruled in favour of the father, asserting that naming is a joint parental right that cannot be exercised unilaterally.
“The issue of names and naming is a right generally bestowed upon the parents. It is a right which cannot be derogated or transferred to any third party unless otherwise shown,” the judge said.
The court ordered the couple to agree on a name for the child within 30 days.
If they fail to do so, the father — as the complainant — will be granted the right to choose the child’s name, which the Registrar of Births and Deaths will be required to implement.
Justice Chemitei further warned that excluding one parent from the naming process could have long-term psychological consequences for the child.
He cited African cultural norms that consider naming a shared responsibility unless the practice is shown to be repugnant or discriminatory.
The dispute arose when SW registered the birth of their daughter using a Japanese feminine name combined with two Kikuyu names, without informing her husband.
CKM preferred a French feminine name, a saint’s name, and a third name in honour of his father — a naming pattern consistent with their other children.
CKM told the court he had paid for all medical expenses related to the child’s birth and feared that issuing a birth certificate without his input would break a longstanding family tradition.
He sought a court order compelling the Registrar of Births and Deaths to remove the names selected by his wife and replace them with names jointly agreed upon.
