Registering a Death and Getting the Certificate

When someone in the family dies, the days that follow are taken up with the funeral, the visitors and the costs. The paperwork is easy to put off. But one document matters for years afterwards, especially when the person who died leaves children or an older spouse behind: the death certificate.

It is needed to deal with the estate and any land, to claim a pension, insurance or savings, to close or transfer accounts, to apply for a bursary or a cash transfer for an orphaned child, and to apply for guardianship of a child through the courts. A family that leaves it for later often finds it much harder. This article explains the two steps, the burial permit and the death certificate, and what to do if the death was never registered.

What the law requires

The Births and Deaths Registration Act (Cap. 149), published on Kenya Law, makes registering a death a duty. Section 17 places it first on the nearest relatives who were present at the death or during the last illness, then on other relatives living in the area, and then on others present or in charge of the body. Section 21 says no body may be buried or cremated without a burial permit, and section 8 says a death not registered within six months can only be registered later with the authority of the Principal Registrar and a further fee.

Step one: notification and the burial permit

The burial permit is issued when the death is registered. Under section 19 of the Act, a registrar issues it on production of a medical certificate of the cause of death, or a notice signed by a doctor, or, where needed, a report certified by a police officer or magistrate.

• If the person died in hospital, the hospital usually starts the notification. Ask before leaving who will process the burial permit and where to collect it.
• If the person died at home, report the death to the assistant chief or chief, who can notify the registrar. If a doctor or clinic was treating the person, ask them for the medical certificate of the cause of death.
• If the death was sudden, violent or unexplained, it must be reported to the police, who will decide whether further inquiry is needed before a permit is issued.

Keep the burial permit safe after the funeral. Make a photocopy the same day. It is the key document for the next step.

Step two: the death certificate

The Civil Registration Services page on registering a current death, on usajili.go.ke, says the application can be made by relatives of the deceased, employers or estate administrators, among others. It lists these requirements:

• the burial permit
• where the burial permit is missing, knowledge of the name, date and place of death
• identification documents of the applicant

The same page lists the fee for a death certificate as KSh 200, and KSh 1,000 to alter particulars in the death register. The service is available at sub-county civil registration offices, Huduma Centres and online through the eCitizen portal at dcrs.ecitizen.go.ke. Fees change, so confirm the amount shown on eCitizen or at the office before paying, and pay only through the official system.

When you collect the certificate, read every detail: the full name exactly as on the person's ID card, the ID number, the date and place of death. A spelling difference between the death certificate and the deceased's ID is one of the most common reasons an estate, a pension claim or a bank transfer stalls. Correcting it later costs money and time.

Keep several photocopies, and ask the office how to get extra certified copies if you need them. Banks, the land office, schools and bursary committees will all want to see it.

If the death was never registered

Some families find, months or years later, that a death was never registered, often because the burial happened quickly at home. It can still be done through late registration. The usajili.go.ke page on late death registration lists the documents that may be needed:

• the burial permit, if one was issued
• the deceased's original ID
• a medical record from the hospital
• a sworn affidavit by a relative giving the deceased's particulars
• a letter from the assistant chief of the area where the death occurred
• a police report, if the death was not natural, and an autopsy report where one exists
• the completed late registration forms, and any other proof the registrar requires

The listed fee is KSh 500 for late registration, plus KSh 200 for issuing the certificate. The Births and Deaths (Late Registration) Rules set out the application form for a late death.

Why it matters for the children

When a parent dies, the death certificate becomes part of the child's paperwork. It is needed alongside the child's birth certificate for a guardianship application, and our guide to legal guardianship for a grandchild explains when that is worth doing. It supports applications for bursaries and the cash transfer for households caring for orphans. And it protects a child's share of what the parent left, because nobody can deal with the estate properly without it. Grief in a Household With Children covers the other things that hold a bereaved home together.

A short checklist

• Burial permit collected before the funeral, and photocopied the same day.
• The deceased's ID card, or a copy, kept with it.
• Application for the death certificate made on eCitizen, at a Huduma Centre or at the sub-county registration office.
• Fee paid only through the official system, and the receipt kept.
• Every detail on the certificate checked against the ID before leaving the counter.
• Several copies kept, with one stored away from the house.

Where we fit

Lift A Life Foundation is a community based organisation in Ruiru, registered with the County Government of Kiambu, certificate RSC/3811/CBO/2024. We cannot issue documents or pay for funerals. What we can do, with the family's agreement, is help a widow, a grandparent or an older child gather the papers, go with them to the registration office, keep copies and follow up, especially where children have been left behind. If that would help, contact us. If you would like to support this work, you can donate.