Just how much does it cost to change a name?

A few years ago, a word popped up in the streets that frequented the sentences used by Sheng (Kenyan slang) speakers in Kenya. "Babayao" it was and it could be superficially translated into 'the best of them all.'

With the simmering political atmosphere taking over as Kenyans approached the August 8 General Election, the former Kabete Member of Parliament Ferdinand Waititu adopted this word as his political brand title. Waititu was up in arms to square it William Kabogo, the then Kiambu County governor in the gubernatorial race.

By March 6, 2017, a Gazette notice formalizing "Babayao" as Waititu's other name was out as he rebranded to Ferdinand Ndung'u Waititu Babayao.

He joined other Kenyans including Nairobi Governor Mike Mbuvi Sonko and former Internal Security minister the late George Saitoti as those who managed to achieve this milestone, even though it has been an elusive affair for some Kenyans. Perhaps many people could have been amazed at just how the process was simple.

Seven months down the line, after Governor Waititu managed to change his name, the Government of Kenya through the Registrar of Persons is poised to lose 30M in a case involving botched attempt to change names.

Audrey Mbugua who was formerly known as Andrew Mbugua alongside four other applicants will have their litigation cost covered by the government after the High Court ruled in their favour on Wednesday. Audrey has been in and out of court in pursuit to change first name. Their case could be a reflection of the lengthy process and hurdles that those seeking to change their names will come across.

The process of changing names gets even more cumbersome as years advance. According to the rules set by the Registrar of Persons, changing a child's name after the registration of birth can only be done before two years elapse after birth. Past two years, a parent can only add a name without deleting or exchanging.

This rule further implies that if a child surpasses the age of two, parents have to wait for the majority age, after which they can have a deed poll which helps in changing the name after its publishing in the Kenya Gazette. The deed poll is a declaration detailing one's intention to change a name and it must entail a notification from the referee.

In most cases, people may get discouraged as the process may prove to be lengthy and costly in terms of shouldering the litigation burden. Circumstances where women need to change their sur names after marriage may hit a dead end in similar circumstances.

For societies like Kenya where the 'third gender' is still considered alien, transgender individuals like Mbugua can shoulder the brunt of living in a conservative society. A person who is considered a man may encounter difficulties in adopting names considered feminine and vice versa.

Pravin Bowry, a Kenyan criminal lawyer highlights the potential ramifications of changing names in his article on the Standard in July 8 2015. Bowry writes "Having more than one name can create havoc when a person dies and it is such instances that warrant regulation of names and even the spellings."

He farther adds that if there are inconsistencies, family members may suffer in the process of getting birth certificate.

While every child is entitled to a name as a conduit of identity under the Children Act 2011, parents are bound choose names for them to comply with the legislation. But as to whether they will be satisfied with their names is always left for time to be the jury.