Procedure for Applying for a Deed Poll (Change Name)

 Apply In-Person

1.      Visit the Registrar Generals Department and have a copy of the Deed Poll drafted.

2.      Complete a deed poll prescribed as ( Form 1 ) of the Regulations to the Act;

3.      Make an application for registration which is prescribed as Form A in the Registration of Documents (Forms) Regulations;

4.      The Deed Poll is accompanied by a birth certificate of the applicant.

5.      The application is also accompanied by a statutory declaration prescribed under the Act (Form 6). This declaration is sworn by a person resident in Kenya and who personally knows the applicant by the name they want to change.

6.      The documents are presented to the Registrar of Documents for registration

7.      Upon registration, the registrar causes the deed poll to be advertised in the Kenya Gazette. Name change is effected at this point.

Required Documents

Some of the documents which may be required depending on the nature of your application include the following:-

1.      Letter from the area chief

2.      Finger print printout

3.      Deed poll and affidavit to which shall be attached certain requisite documents

4.      An affidavit by a witness who has known you for at least 10 years

5.      Two Passport size photo.

6.      Birth certificate or Baptism certificate.

7.      Identity cards of you parents.

8.      Marriage Certificate

9.      School Leaving Certificate

10.    Sworn affidavits

11.    Copy of parents ID card

12.    Birth Certificate

13.    Divorce Certificate

14.    Parental consent to marriage

 

Child Support- Factors considered when granting child support - Child support calculation

 Factors considered when granting child support

Under Section 83 (1) of the Children’s Act, the following principles are applied in making a child custody order;

the conduct and wishes of the parent or guardian of the child;the ascertainable wishes of the relatives of the child;the ascertainable wishes of any foster parent, or any person who has had actual custody of the child and under whom the child has made his home in the last three years preceding the application;the ascertainable wishes of the child;whether the child has suffered any harm or is likely to suffer any harm if the order is not made;the customs of the community to which the child belongs;the religious persuasion of the child;whether a care order, or a supervision order, or a personal protection order, or an exclusion order has been made in relation to the child concerned and whether those orders remain in force;the circumstances of any sibling of the child concerned, and of any other children of the home, if any;the best interest of the child.

Where one parent is given custody, the other parent shall still have all or any rights and duties in relation to a child, other than the right of possession, jointly with the person who is given custody of the child.

Joint Custody 

Where joint custody of children is awarded to the parents or guardians, both parties are expected by law to be jointly responsible for the maintenance of the children.

Child support calculation

there are a few things that typically influence how much child support the non-custodial parent must pay under Section 94 of the Children’s Act including:

The income or earning capacity, property and other financial resources which the parties or any other person in whose favour the court proposes to make an order, have or are likely to have in the foreseeable future;the financial needs, obligations, or responsibilities which each party has or is likely to have in the foreseeable future;the financial needs of the child and the child’s current circumstances;the income or earning capacity, if any, property and other financial resources of the child;any physical or mental disabilities, illness or medical condition of the child;the manner in which the child is being or was expected to be educated or trained;the circumstances of any of the child’s siblings;the customs, practices and religion of the parties and the child;whether the respondent has assumed responsibility for the maintenance of the child and if so, the extent to which and the basis on which he has assumed that responsibility and the length of the period during which he has met that responsibility;whether the respondent assumed responsibility for the maintenance of the child knowing the child was not his child, or knowing that he was not legally married to the mother of the child;the liability of any other person to maintain the child;the liability of that person to maintain other children.

Consequences for nonpayment

If child support payments are withheld or not paid, enforcement actions may become necessary including employers being ordered to withhold the child support from paychecks in order to send it to a children’s office or other designated account.

Mukisa Biscuits Co. Ltd. -vs- West End Distributors Ltd

 Download the case law from Link

How to Create an Individuals Ardhisasa Account

Need to Open an account, contact Admin in the "contact section " and provide your details for Admin to reach out. 

How to Create an Individuals Ardhisasa Account

1. Access the Ardhisasa website and click on the “Register” icon and select individual registration
2. Select identification type which in this case is the national ID.
3. Provide your identity card number and click verify.
4. Enter your phone number and click get OTP code. Input the OTP code sent to your phone on the provided space.
5. Provide your email and click get OTP code. Check the code from your email and input it in the provided space.
6. In the next stage, set your password. Click register and your Ardhisasa account will be created.
7. Proceed to log into your account. Note that every time you log in, an OTP code will be sent to your registered mobile.
8. To start using your Ardhisasa account, you must upload your profile photo. Upload a coloured passport-size photo with a white background. It must be an exact true representation of you. You will be held liable for providing false information. The following three steps are not a must but it is good to complete them.
9. Provide three security questions.
10. Add your digital signature.
11. Upload your identification document.

The psychology of writing and how it plays a key role in the writing life of an Advocate

 Psychology of Writing.

It has been said that words are the dominant tool of trade for a lawyer. Effective communication makes for a good advocate. A legal writer must consider the reader, purpose of writing and conventions of the type of document being written. The main aim of writing is such that the reader understands. Good legal writing can be achieved through;

• Use of plain English as opposed to legalese.

• Clarity, precision, non-ambiguity and conciseness of words

• Good grammar, spelling and punctuation.

• A logical structure and completeness of the work.

Psychology is behavioral science. In this context can be defined as the mental or behavioral characteristics or attitude of a person or group.  The psychology of writing can therefore be loosely defined as behavior or mindset leading up to good writing. Writing improves with experience. A legal writer may not effectively communicate to his readers or achieve his purpose if his writing is not of good quality. This however can be achieved by developing a schedule for the completion of the document being written. This schedule must provide reasonable time to conduct research, drafting, revising, editing and proofreading of the document. 

Below we discuss the essence of each element of the schedule.

1. Research.

This is the systematic investigation into and study of materials and sources in order to establish facts and reach new conclusions. Research plays an important role in legal writing. It involves fact finding and analysis of such facts. For effective legal writing, an advocate may organize research around the law or points they intend to make. Organization of research facilitates good writing. It guides the advocate in making decisions that facilitate effective communication to the reader, achieve his purpose of writing and drafting the document in the right manner.

2. The Outline and Writing Plan.

An outline is an organizational plan to help you in drafting. It allows the writer to categorize the main points, organize sensible paragraphs and ensure that each paragraph is fully developed. It prevents the writer from getting stuck when writing. It helps save on time, prevents back-tracking, repetition and missing out on key points.

1. Read through the research

This is important to ensure that everything in the outline is included in the research and careless omissions and irrelevant additions are avoided.

b)  Organization

In the outline, the research should be divided into an introduction, the body and the conclusion. Outline the topics and sub-topics to be included in the research stating the statutes, cases and authorities which you will rely on. The document should be well structured and logically structured with proper headings and numberings. The paragraphs and sentences should be properly constructed as well. 

3. Talk to a colleague

It is through sharing of the work that you get positive critique for corrections to improve quality of the work. It is also an efficient way of noting weaknesses in the research.

4. Consider the reader and the purpose

You need to consider the reader and the purpose of the document. With your reader in mind, you know the type of language to use; whether to use legalese or plain English.

The purpose of the document is also important to determine the formal structure and the content.

3. Revising

Black’s Law Dictionary defines revision as a reconsideration; second view or examination a consideration for purposes of correction.

After the first draft, the writer is to step back and rethink the entire document. In revision, it is prudent for the writer to develop a checklist. The essence is to focus on the larger issues of writing.

The checklist seeks to ask and answer the following questions:

1. Will the document meet the reader’s needs?

The writer is to establish who their target audience is. For instance, the language used to address persons having legal training is different from that used to address lay people.

2. Is the tone right for the document and the reader? 

3. Is the document well organized?

For instance, grammar; writing should be free from grammatical errors. The rules of grammar that dictate word form, order and sentence structure must be followed.

4.  Are the ideas well developed?

Writing in paragraphs is of essence. This helps the writer to stay focused and in control of their writing. Paragraph unity is paramount; each paragraph must have its own topic the elements of which work together to make a point. Each must have a topic sentence, supporting sentence and concluding sentence.

5. The legal analysis, is it conclusive or superficial?

Superficial in the sense that it partially covers the content, it deviates from the issue at point or it lacks content.

6. What else could be included or omitted in the writing?

7. Is the theme evident in all sections of the document?

Here, paragraph unity and coherence should be adhered to, to ensure that the writer does not deviate from the topic.

8. Read and sum up the point the writing intends to achieve. There should be a logical connection in the paragraphs to achieve this. The writer should avoid repetition.

9. What are the weaknesses? Other than a self-critique of the writing, it is prudent for the writer to view the work from the point of another advocate.

4. Editing

Editing involves an examination of the smaller issues in writing. It entails the following;

1. Stepping out of the role of the drafter. 

2. Looking at the writing with a critical eye. 

3. Looking at: sentence structure, word choice. 

4. Paying attention to the subjects and verbs in sentences. 

5. Making extra effort to edit for precision and conciseness. 

6. Looking out for sloppy word choice and unnecessary verbiage.

5. Proofreading

A writer should always endeavor to present and/or submit neat paperwork that is free from any grammatical and/or punctuation errors. It is upon the advocate to ascertain that the final document does not have fault for missed words, format problems or typographical errors, and to achieve this it is therefore essential to proof-read the final draft. Proof-reading is therefore when an author goes through the final draft slowly with the aim of identifying any errors in the document and rectifying them. This task should be done when the mind is relaxed (do not strain) and it is important to accord maximum concentration at this stage as it will be easy to identify any errors in the document and amend them accordingly.

The author should take note of all the parts of the document. This includes;

• Headings

• Charts

• Captions

• Footnotes

It is also crucial to re-confirm the following:

• Dates,

• Figures and

• Spellings

For an effective proof reading exercise, the writer should consider:

1. Making the first draft.

2. Take some time to relax after making the first draft.

3. Edit from a hard copy.

4. Proofread in bits while editing the draft.

5. Identify the errors in the document.

6. Read through the draft once.

7. Label drafts carefully.

How does Psychology of writing play a key role in an advocate’s writing life?

Psychology of writing may reflect on an advocate’s writing life in the following ways;

1. Organization of thought

Research helps an advocate put his work into perspective. An advocate organizes his work around the law or points he/she intends to make. This helps in organization of thought which translates to clarity of an advocates work.

2. Coherence.

Psychology of writing plays a key role in ensuring an advocate’s work is coherent. It helps an advocate draft his/her work in a manner that is logical and can be easily understood. It helps an advocate create a line of thought that leads to the conclusion he makes.

3. Eloquence

An advocate achieves clarity of expression with clarity of thought. Psychology of writing plays a key role is de-cluttering an advocate’s work. An advocate is able to set out his work in a manner that is straight to the point. This reflects on advocate’s ability to express themselves.

4. Communication

Psychology of writing improves the quality of an advocate'sadvocates writing. In the writing of an advocate, one must consider the reader, the purpose of writing and the type of document being drafted. Putting these into consideration, an advocate’s work must be of good quality and concise for effective communication to occur.   

5. Professionalism

How an advocate relates to his clients differs from how he relates to his colleagues or even judges or magistrates. His writing is dependent on the reader, purpose of writing and the conventions of the document being written. The format and language used in a demand letter differs from submissions in court. Research, drafting, editing and proofreading therefore guides an advocate in the manner of drafting certain documents and plays a key role in the competence of an advocate.

6. Credibility

An advocate’s credibility relies heavily on his ability to represent his client. An advocate is essentially a story teller and in representing his clients, effective communication is key. Writing is a communication tool for an advocate. Writing that is of good quality, concise, void of grammatical errors, with the right choice of words and logical structure ensures that the reader understands what the advocate intended to communicate.