Act No: CAP. 149
Act Title: BIRTHS AND DEATHS REGISTRATION
SUBSIDIARY LEGISLATION
TOWNS, DISTRICTS AND AREAS IN WHICH REGISTRATION OF BIRTHS AND DEATHS IS DECLARED TO BE COMPULSORY UNDER SECTIONS 9(2) AND 15(2)
[L.N. 172/1963, L.N. 174/1965, L.N. 262/1966, L.N. 18/1967, L.N. 56/1967, L.N. 7/1968, L.N. 173/1968, L.N. 29/1969, L.N. 30/1969, L.N. 207/1969, L.N. 184/1971.]

The registration of the births and deaths of all inhabitants of the Nyeri District and the City of Nairobi is compulsory, with effect from the 12th March, 1963.

The registration of the births and deaths of all inhabitants of—

(a)

the municipality of Mombasa;

(b)

the municipality of Nakuru;

(c)

the Bungoma District; and

(d)

the Kwale District,

is compulsory, with effect from the 1st July, 1965.

The registration of the births and deaths of all inhabitants of that part of the Nakuru District in respect of which the registration of births and deaths is not already compulsory is compulsory, with effect from the 1st October, 1966.

The registration of the births and deaths of all inhabitants of the municipality of Kisumu is compulsory, with effect from the 1st January, 1967.

The registration of the births and deaths of all inhabitants of that part of Kisumu District, in respect of which the registration of births and deaths is not already compulsory, is compulsory with effect from 1st January, 1968.

The registration of the births and deaths of all inhabitants of the Eldoret Municipality and of the Kiambu, Kakamega, Kilifi, Kericho and Embu Districts, in respect of which the registration of births and deaths is not already compulsory, is compulsory with effect from 1st July, 1968.

The registration of the births and deaths of all inhabitants of that part of the Uasin Gishu District, in respect of which the registration of births and deaths is not already compulsory, is compulsory with effect from 1st January, 1969.

The registration of the births and deaths of all inhabitants of the Murang’a, Siaya, Machakos and Lamu Districts and the Kitale Municipality is compulsory with effect from 1st January, 1969.

The registration of the births and deaths of all inhabitants of the Busia, Trans Nzoia, Elgeyo-Marakwet, South Nyanza, Nyandarua, Taita, Kirinyaga and Meru Districts, is compulsory with effect from 1st October, 1969.

The registration of the births and deaths of all inhabitants of the remaining non-compulsory areas within the Republic is compulsory with effect from 1st September, 1971.

Rules under section 29

BIRTHS AND DEATHS REGISTRATION RULES, 1966
PART I – PRELIMINARY
1.

These Rules may be cited as the Births and Deaths Registration Rules, 1966.

2.

In these Rules, except where the context otherwise requires—

“compulsory registration area” means a registration area in respect of which a declaration has been made under section 9(2) or section 15(2), as the case may be, of the Act that the registration of births or deaths of all the inhabitants of the area shall be compulsory.

PART II – GENERAL REGISTRATION PROCEDURE
3.

Births and deaths may be registered at the office of the registrar in any registration area during office hours.

4.

(1) Births and deaths occurring on board ships on that portion of Lake Victoria within Kenya shall be registered at Kisumu.

5.

(1) Any person whose duty it is to register a birth or death may, on sending to the registrar satisfactory reasons for his non-attendance, apply to register the birth or death without personal attendance at the office of the registrar; and the registrar may register the birth or death without the personal attendance of the informant, or may defer registration until the informant has attended personally.

PART III – BIRTH REGISTRATION PROCEDURE
6.

The time within which the notice of the birth of any child is to be given under section 11 of the Act to the registrar of the registration area in which the birth occurs shall be three months from the date of birth.

7.

The register of births to be kept by a registrar in a compulsory registration area shall be maintained in loose-leaf form and shall contain the particulars required in Form No. 1 in the Schedule to these Rules.

8.

(1) A person registering a birth in a compulsory registration area shall complete in duplicate a birth registration form in Form No. 1 in the Schedule to these Rules and shall deliver it to the registrar or a deputy registrar.

9.

The register of births to be kept by a registrar or Registrar-General in registration areas other than compulsory registration areas shall be a register book in Form No. 2 in the Schedule to these Rules.

10.

(1) The registrar shall ensure that an entry made in the register book referred to in rule 9 of these Rules is complete in every respect before it is signed by the informant.

11.

A certificate of birth issued by the Registrar-General under section 26(3) of the Act shall be either a full certificate in Form No. 4, or a short certificate in Form No. 5, in the Schedule to these Rules, and any person shall on payment of the prescribed fee be entitled to obtain from the Registrar-General a birth certificate in either form:

Provided that where the entry in the register of births is marked “Adopted”, “Re-adopted”, “Adopted (Tanzania)”, “Adopted (Uganda)”, “Re-adopted (Tanzania)” or “Re-adopted (Uganda)”, and the court which made the adoption order has specified a name or surname which the registered person is to bear instead of the original, then such name or surname shall be inserted in the short form of the birth certificate in place of the original name or surname.

PART IV – DEATH REGISTRATION PROCEDURE
12.

The time within which notice of the death of any person is to be given under section 17 of the Act to the registrar of the registration area in which the death occurs shall be one month from the date of death.

13.

The register of deaths to be kept by a registrar in a compulsory registration area shall be maintained in a loose-leaf form and shall contain the particulars required in Forms Nos. 6 or 7 respectively in the Schedule to these Rules.

14.

(1) Where a medical practitioner certifies the cause of death of a person dying in a compulsory registration area, he shall complete a death registration form in Form No. 6 in triplicate and shall issue the original and duplicate to the next-of-kin of the deceased person, who shall take them to the registrar to obtain a permit to dispose of the body under section 19 of the Act.

15.

(1) Upon receipt of the original and duplicate of the death registration form the registrar shall sign the top copy, which shall constitute the original entry.

16.

(1) Where no medical practitioner is available to certify the cause of death of a person dying in a compulsory registration area, the person registering the death shall complete in triplicate death registration forms containing the particulars set out in Form No. 7 in the Schedule to these Rules, and shall lodge the same with the registrar.

17.

(1) Where the death registration form is delivered to a deputy registrar, such officer shall forward the original and duplicate of the death registration form to the registrar of deaths for the registration area in which the death occurred, retaining the triplicate copy for his records.

18.

The register of deaths to be kept by a registrar in registration areas other than compulsory registration areas shall be a register book in Form No. 8 in the Schedule to these Rules.

19.

(1) The registrar shall ensure that an entry made in the register book referred to in rule 18 of these Rules is complete in every respect before it is signed by the informant, and shall not register the death without production of one of the documents mentioned in section 19(1) of the Act.

20.

A medical certificate under section 19(1)(a) of the Act as to the cause of death, whether a post-mortem examination has been carried out or not, shall, in respect of a death occurring in a compulsory registration area, be in Form No. 6 in the Schedule to these Rules and in respect of a death occurring elsewhere shall be in Form No. 10 in the said Schedule, and in a case of sudden death anywhere where no medical practitioner was in attendance before the death shall be in Form No. 11 in the said Schedule.

21.

Notice in writing under section 19(1)(b) of the Act, signed by a medical practitioner and stating that a medical certificate has been signed by him, shall be in Form No. 12 in the Schedule to these Rules.

22.

A death report under section 19(1)(c) of the Act upon which a magistrate, police officer or person specially empowered to make inquiries certifies that a death is not one to which section 386 or section 387 of the Criminal Procedure Code (Cap. 75) applies shall, in respect of a death occurring in a compulsory registration area, be in Form No. 7 in the Schedule to these Rules, and in respect of a death occurring elsewhere shall be in Form No. 13 in the said Schedule.

PART V – FEES [L.N. 49/1981, r. 2, L.N. 244/1988, r. 2.]
23.

The following fees shall be chargeable—

Sh

(a)

for the registration of a birth more than six months after the date of birth where registration was compulsory.....

100

(b)

for the registration of the name or alteration in the name of any child whose birth has previously been registered......

40

(c)

for the registration of a death, more than six months after the date of death, where registration was compulsory.......

100

(d)

for the inspection of any register, return or index in the custody of the registrar or the Registrar-General.......

20

(e)

for a certified copy of any entry in any register or return in the custody of the registrar or the Registrar-General........

50

(f)

for a birth certificate in the short form prescribed by rule 11.........

5

(g)

for making a correction in any entry in a register or index.....

40

(h)

for authenticating the seal of the Registrar-General by the Attorney-General....

100

(i)

for preparing copies of documents on requests by means of photographic process, xerography or any other copying process....

such fees as may be determined by the registrar.

24.

Where the registrar is a local authority or an officer of a local authority, any fee chargeable under rule 23 of these Rules and received by the local authority or officer aforesaid shall be paid into the funds of the local authority and shall form part of its general revenue.

25.
Waiver of fees

Notwithstanding rule 11, the Cabinet Secretary may waive the fees chargeable under rule 23.

[L.N. 99/2017, r. 2.]

SCHEDULE

BIRTHS AND DEATHS REGISTRATION (BIRTHS AND DEATHS OCCURRING OUTSIDE KENYA) (FORMS AND FEES) RULES, 1969
[L.N. 170/1969.]
1.

These Rules may be cited as the Births and Deaths Registration (Births and Deaths Occurring Outside Kenya) (Forms and Fees) Rules, 1969.

2.

In these Rules, except where the context otherwise requires—

“registrar” means registrar of births and deaths occurring outside Kenya.

3.

The register of births occurring outside Kenya and the register of deaths occurring outside Kenya, required to be kept under subsection 2 of section 7 of the Act by the Registrar shall contain the particulars set out in Forms I and II respectively in the First Schedule to these Rules.

4.

A certificate of birth issued by the Registrar-General on payment of the appropriate fee specified in the Second Schedule to these Rules shall be in Form III in the First Schedule to these Rules.

5.

A certificate of death issued by the Registrar-General on payment of the appropriate fee specified in the Second Schedule to these Rules shall be in Form IV in the First Schedule to these Rules.

6.

Applications for the registration of a birth or death of a citizen of Kenya occurring outside Kenya shall be made to the registrar in Forms V and VI respectively in the First Schedule to these Rules and the duly completed form shall be submitted to the registrar by the informant either in person or by post.

7.

The fees specified in the Second Schedule to these Rules shall be payable for the matters set out therein.

FIRST SCHEDULE

SECOND SCHEDULE

[Rule 7.]

FEES

BIRTHS AND DEATHS (LATE REGISTRATION) RULES, 1971

ARRANGEMENT OF RULES

PART I – PRELIMINARY

1.

Citation.

2.

Interpretation.

PART II – GENERAL REGISTRATION PROCEDURE

3.

Forms of application for late registration.

4.

Forms of authority for late registration.

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

BIRTHS AND DEATHS (LATE REGISTRATION) RULES, 1971
[L.N. 154/1971.]
PART I – PRELIMINARY
1.
Citation

These Rules may be cited as the Births and Deaths (Late Registration) Rules, 1971.

2.
Interpretation

In these Rules, except where the context otherwise requires—

“late birth” means the birth of a person who is still alive which has occurred in Kenya since 20th April, 1904, the particulars whereof have not been registered in the register of births within six months of the date of such birth;

“late death” means the death of a person which has occurred in Kenya since 23rd January, 1906, the particulars whereof have not been registered in the register of deaths within six months of the date of such death;

“late registration authority” means the written authority of the Registrar-General issued pursuant to section 8 of the Act, for the registration of a late birth or a late death.

PART II – GENERAL REGISTRATION PROCEDURE
3.
Forms of application for late registration
(1)

Every application to the Registrar-General for the registration of the late birth of a person belonging to an ethnic group or tribe indigenous to Kenya shall contain the particulars required and be made in Form 1 in the First Schedule to these Rules.

(2)

Every application to the Registrar-General for the registration of the late birth of a person not belonging to an ethnic group or tribe indigenous to Kenya shall contain the particulars required and be made in Form 2 in the First Schedule to these Rules.

(3)

Every application to the Registrar-General for the registration of the late death of a person belonging to an ethnic group or tribe indigenous to Kenya shall contain the particulars required and be made in Form 3 in the First Schedule to these Rules.

(4)

Every application to the Registrar-General for the registration of the late death of a person not belonging to an ethnic group or tribe indigenous to Kenya shall contain the particulars required and be made in Form 4 in the First Schedule to these Rules.

(5)

Every application made in pursuance of this rule shall be accompanied by two completed copies of Form 1, 6 or 7 in the Schedule to the Births and Deaths Registration Rules whichever is appropriate.

4.
Forms of authority for late registration

If the Registrar-General is satisfied regarding all the circumstances of a late birth or a late death, and after receipt of the prescribed fee where applicable, he shall cause to be issued to the Registrar the appropriate late registration authority in Form 5 or 6 in the Second Schedule to these Rules.

FIRST SCHEDULE

[Rule 3.]

SECOND SCHEDULE

[Rule 4.]