Marriage Act

Section 1. Short title Section This Act may be cited as the Marriage Act.

Section 2. Interpretation Section a body established under this Act for the purpose of reconciling parties to a marriage;

Section 3. Meaning of marriage Section 3(1) Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with this Act. Section 3(2) Parties to a marriage have equal rights and obligations at the time of the marriage, during the marriage and at the dissolution of the marriage. Section 3(3) All marriages registered under this Act have the same legal status. Section 3(4) Subject to subsection (2), the parties to an Islamic marriage shall only have the rights granted under Islamic law.

Section 4. Minimum age Section A person shall not marry unless that person has attained the age of eighteen years.

Section 5. Witnesses to a marriage Section 5(1) A marriage conducted under this Act shall be witnessed by two competent witnesses. Section 5(2)(a) below the age of eighteen years; Section 5(2)(b) mental disability rendering that person incapable of understanding what the parties are doing; or Section 5(2)(b)(i) mental disability rendering that person incapable of understanding what the parties are doing; or Section 5(2)(b)(ii) intoxication; Section 5(2)(c) unable to understand, whether through an interpreter or otherwise, the language in which the ceremony is held. Section 5(3) The person who celebrates a marriage shall not be a witness to the marriage for the purposes of this section.

Section 6. Kinds of marriages Section 6(1)(a) in accordance with the rites of a Christian denomination; Section 6(1)(b) as a civil marriage; Section 6(1)(c) in accordance with the customary rites relating to any of the communities in Kenya; Section 6(1)(d) in accordance with the Hindu rites and ceremonies; and Section 6(1)(e) in accordance with Islamic law. Section 6(2) A Christian, Hindu or civil marriage is monogamous. Section 6(3) A marriage celebrated under customary law or Islamic law is presumed to be polygamous or potentially polygamous.

Section 7. Declaration of marriage registration areas Section The Cabinet Secretary may, by notice in the Gazette , declare any area of Kenya to be a registration area for the purposes of this Act.

Section 8. Conversion of marriages Section 8(1) A marriage may be converted from being a potentially polygamous marriage to a monogamous marriage if each spouse voluntarily declares the intent to make such a conversion. Section 8(2) A polygamous marriage may not be converted to a monogamous marriage unless at the time of the conversion the husband has only one wife. Section 8(3) A declaration under subsection (1) shall be made in the presence of a marriage officer and shall be recorded in writing and signed by each spouse. Section 8(4) A marriage officer before whom a declaration is made under subsection (3) shall forthwith transmit a copy thereof to the Registrar. Section 8(5) Where a declaration is made under subsection (1), the Registrar shall take possession of the certificate registering the marriage as potentially polygamous and shall issue a certificate registering the marriage as monogamous. Section 8(6) The Registrar shall enter the details of converted marriages in the prescribed manner into a register maintained for that purpose.

Section 9. Subsisting marriages Section in a monogamous marriage, contract another marriage; or

Section 10. Prohibited marriage relationship Section 10(1)(a) that person’s grandparent, parent, child, grandchild, sister, brother, cousin, great aunt, great uncle, aunt, uncle, niece, nephew, great niece or great nephew; Section 10(1)(b) the grandparent, parent, child or grandchild of that person’s spouse or former spouse; Section 10(1)(c) the grandparent, parent, child or grandchild of that person’s former spouse; Section 10(1)(d) a person whom that person has adopted or by whom that person has been adopted; or Section 10(1)(e) any other person where such marriages is prohibited under customary law. Section 10(2) For the purposes of this section, a relationship of the half-blood is a bar to marriage. Section 10(3) A person who, by this section, is forbidden to marry shall be said to be within a prohibited marriage relationship. Section 10(4) The marriage of a person with that person’s cousin does not apply to persons who profess the Islamic faith.

Section 11. Void marriages Section 11(1)(a) either party is below the minimum age for marriage; Section 11(1)(b) the parties are within the prohibited marriage relationship; Section 11(1)(c) either party is incompetent to marry by reason of a subsisting marriage; Section 11(1)(d) by order made under section 25 , the court has directed that the intended marriage is not to be contracted; Section 11(1)(e) the consent of either party has not been freely given; Section 11(1)(f) either party is absent from the ceremony; Section 11(1)(g) both parties knowingly and willfully permit a person who is not authorised to do so to celebrate the union; Section 11(1)(h) either party is mistaken about the identity of the other party; or Section 11(1)(i) either party knowingly or willfully enters into the marriage for fraudulent purposes. Section 11(2)(a) is influenced by coercion of fraud; Section 11(2)(b) is mistaken as to the nature or purport of the ceremony; or Section 11(2)(c) is suffering from any mental condition whether permanent or temporary, or is intoxicated, or is under the influence of drugs, so as not to appreciate the nature or purport of the ceremony.

Section 12. Voidable marriages Section either party was and has ever since remained incapable of consummating it;

Section 13. Spouses and the law of tort Section a spouse shall not be liable for the torts of the other spouse by reason of being a spouse;

Section 14. Arrangement to live apart Section 14(1) The parties to a civil marriage may agree to live apart for one year and any such agreement shall be valid and enforceable, and shall be filed with the court. Section 14(2) Despite subsection (1), the court may vary or set aside the agreement or any of its provisions if the court is satisfied that since the agreement was made there has been a material change of circumstances. Section 14(3) A party to a civil marriage may apply to the court to determine their status after the expiry of the one year period from the date of agreement.

Section 15. Rights of widow and widowers Section 15(1) A widow or widower may re-marry. Section 15(2) A widow or a widower may elect not to re-marry.

Section 16. Duration of marriage Section the death of a spouse;

Section 17. Christian marriages Section This Part applies to a marriage where a party to the marriage professes the Christian religion.

Section 18. Interpretation of Part Section In this Part "marriage officer" means a licensed church minister appointed by the registrar under section 50 .

Section 19. Objection to give a notice of intention to marry Section 19(1) A person who knows of an impediment to an intended marriage may give a written notice of objection to the person in charge of a public place of worship where notice of intended marriage has been posted in accordance with section 26 . Section 19(2) A notice of objection shall include the name of the person giving the notice of objection and the person’s relationship with either of the intended parties and shall state the reason for the objection to the intended marriage. Section 19(3) A person who has given notice of objection may, at any time, withdraw the objection in writing.

Section 20. Obligations of the church minister in relation to objection Section 20(1) Upon receiving a notice of objection, the person in charge of a public place of worship shall hear the objection forthwith and if the person in charge of a public place of worship considers that the objection requires a further hearing, he or she shall postpone the marriage ceremony until such time as the objections will be determined in accordance with the church regulations. Section 20(2) The person in charge of a public place of worship shall determine an objection within a reasonable period which shall not be more than seven days after hearing the objection. Section 20(3) Upon determination of an objection, the person in charge of public place of worship shall prepare and submit a report of the process of determination of the objection in the prescribed form to the parties and the Registrar within seven days of determination. Section 20(4) Any party who is dissatisfied with the decision of the person in charge of a public place of worship may appeal to the court within fourteen days of the decision.

Section 21. Signing of the marriage certificate Section 21(1)(a) complete and sign a marriage certificate in the prescribed form; and Section 21(1)(b) cause it to be signed by the parties and by the witnesses to the marriage. Section 21(2)(a) one copy of the marriage certificate to the parties; Section 21(2)(b) retain one copy of the marriage certificate; and Section 21(2)(c) deliver one copy of the marriage certificate to the Registrar.

Section 22. Recognition of foreign marriages as Christian marriages in Kenya Section it is contracted in accordance with the law of the country where it is celebrated and is consistent with the requirements of this Part;

Section 23. Christian marriages at the embassy, high commission or consulate Section it is contracted in accordance with the law relating to Christian marriages of that foreign country;

Section 24. Celebration of civil marriages Section A marriage under this Part shall be celebrated by the Registrar in the place determined by the Registrar.

Section 25. Notice of intention to marry Section 25(1) Where a man and a woman intend to marry under this Part, they shall give to the Registrar and the person in charge of the place where they intend to celebrate the marriage a written notice of not less than twenty-one days and not more than three months of their intention to marry. Section 25(2)(a) the names and ages of the parties to the intended marriage and the places where they ordinarily reside; Section 25(2)(b) the names of the parents of the parties, if known and alive, and the places where they ordinarily reside; Section 25(2)(c) a declaration that the parties are not within a prohibited relationship; Section 25(2)(d) divorced, a copy of the relevant decree; or Section 25(2)(d)(i) divorced, a copy of the relevant decree; or Section 25(2)(d)(ii) widowed widow or a widower, a copy of the death certificate; and Section 25(2)(e) the date and venue of the marriage ceremony. Section 25(3) The notice under subsection (1) shall be signed by both parties.

Section 26. Publication of notice of intention to marry Section After receiving a notice under section 25 , the Registrar shall publish such notice in the prescribed manner in the place where the marriage is to be celebrated.

Section 27. Objection to a notice of intention to marry Section 27(1) A person who knows of an impediment to an intended marriage may give a written notice of objection to the Registrar or the person in charge of the place where a notice of intended marriage has been posted in accordance with section 26. Section 27(2) A notice of objection shall include the name of the person giving the notice of objection and the person’s relationship with either of the intended parties to the marriage and shall state the reasons for the objection to the intended marriage. Section 27(3) A person who has given a notice of objection may at any time withdraw the objection in writing.

Section 28. Obligation of the person in charge of a place where a marriage is to be celebrated in relation to objections Section 28(1) Upon receiving a notice of objection, the person in charge of a place where the marriage is to be celebrated shall hear the objection forthwith and if the person in charge of the place where the marriage is to be celebrated considers that the objection requires further hearing, he or she shall postpone the marriage ceremony until such time as the objection shall be determine in accordance with the Regulations. Section 28(2) The person in charge of a place where the marriage is to be celebrated shall determine an objection within a reasonable period which shall not be more than seven days after the hearing of the objection. Section 28(3) Upon determination of an objection, the person in charge of a place where the marriage is to be celebrated shall prepare and submit a report of the process of determination of the objection in the prescribed form to the parties and the Registrar within seven days of the determination. Section 28(4) Any person who is dissatisfied with the decision of the person in charge of a place where the marriage is to be celebrat...

Section 29. Determination of objection Section 29(1) The Registrar shall hear an objection under section 28 within seven days of the Registrar receiving the notice of objection. Section 29(2) The Registrar shall determine an objection under section 28 within a reasonable period but in any case not more than seven days after the hearing under subsection (1). Section 29(3) Any party dissatisfied with the decision of the Registrar may appeal to the court within seven days of the decision by the Registrar. Section 29(4) A person who makes a frivolous, malicious or fraudulent objection commits an offence and upon conviction is liable to imprisonment for a term not exceeding five years or a fine not exceeding one million shillings or to both.

Section 30. Effect of an appeal to an objection Section A marriage ceremony may not be performed until any appeal that has been made against a decision of the Registrar to permit the marriage ceremony to be performed is heard and determined.

Section 31. Appeal proceedings Section 31(1) The court shall hear and determine any appeal expeditiously. Section 31(2) The court may hear and determine an appeal despite the failure of any party or other person to appear before it.

Section 32. Certificate of no impediment Section 32(1) Where a person does not object to the celebration of a marriage, the Registrar shall issue the persons intending to marry with a certificate of no impediment. Section 32(2) Where a Kenyan wishes to celebrate a marriage outside Kenya and where that Kenyan is required to obtain a certificate of no impediment from the Registrar, such Kenyan shall apply for such a certificate and the Registrar shall issue the certificate if no person objects to the intended marriage.

Section 33. Power of Registrar to dispense with notice Section 33(1) Subject to section 25 , the Registrar may, by licence in the prescribed form, dispense with the notice required by section 27 where there is sufficient reason to do so. Section 33(2)(a) neither party is within a prohibited relationship; Section 33(2)(b) either party is below the minimum age for marriage; Section 33(2)(c) neither party is married to another person.

Section 34. Effect of appeal on the findings of an objection Section 34(1) The provisions of section 30 apply with the necessary modifications. Section 34(2) Unless a notice of objection has been withdrawn the Registrar shall not exercise the power conferred by section 33 to dispense with a notice.

Section 35. Contracting a civil marriage Section complete and sign a marriage certificate in the prescribed form; and

Section 36. Certificate of no impediment Section 36(1) If the Registrar is satisfied that no impediment to the intended marriage exists, the Registrar shall celebrate the marriage. Section 36(2) If a Kenyan wishes to celebrate a civil marriage in a foreign country in accordance with the law of that country and the law of that country requires a certificate of no impediment, the Registrar may issue a certificate of no impediment.

Section 37. Civil marriages at the Kenyan embassy, high commission or consulate for non-Kenyan citizens Section A person who is not a Kenyan may celebrate a marriage under this Part in a foreign country if the marriage is celebrated in the presence of the Registrar or a person authorised by the Registrar for that purpose in any Kenyan embassy, high commission or consulate.

Section 38. Civil marriages in foreign countries Section it was contracted in accordance with the law of that country and is consistent with the laws of Kenya;

Section 39. Civil marriages at the Kenyan embassy, high commission or Consulate for Kenyan citizens Section 39(1)(a) it is celebrated in accordance with the law of that foreign country; or Section 39(1)(b) both parties have the capacity to marry under the law of that foreign country. Section 39(2) Despite subsection (1), a civil marriage celebrated in a Kenyan embassy, high commission or consulate in a foreign country is valid in Kenya if the parties were capable of celebrating the marriage in Kenya.

Section 40. Recognition of foreign marriages as civil marriages in Kenya Section it is contracted in accordance with the law of that country;

Section 41. Appointment of diplomatic staff as celebrants of marriage Section 41(1) The Cabinet Secretary may appoint by notice in the Gazette a member of the diplomatic staff of Kenya in a foreign country to which this Part applies to celebrate marriages under this Act in respect of that country. Section 41(2) The Registrar shall maintain a register of all marriages conducted in foreign countries.

Section 42. Duty to register marriages Section 42(1) A person who celebrates or officiates at a marriage shall deliver a copy of the marriage certificate to the Registrar and the Registrar shall enter the details of such a certificate in a register of marriages maintained for that purpose by the Registrar. Section 42(2) Where the Registrar officiates at a marriage, the Registrar shall enter the details of the marriage in the register of marriages maintained under subsection (1). Section 42(3) A person who fails to register a marriage commits an offence and shall upon conviction be liable to a fine not exceeding five thousand shillings or to a community service order or to both.

Section 53. Registration of Christian marriages Section 53(1) Where a marriage is celebrated under Part III of this Act, the person officiating at the marriage shall forward a copy of the certificate of marriage to the Registrar within fourteen days of the celebration of the marriage for the registration of that marriage. Section 53(2) Before the Registrar registers a marriage under subsection (1) the Registrar shall confirm that the marriage complies with the provisions of this Act.

Section 54. Registration of civil marriages Section 54(1) Where the Registrar celebrates a marriage under Part IV of this Act, the Registrar shall register the marriage. Section 54(2) Where a marriage officer celebrates a marriage under Part IV, the marriage officer shall record the details of the marriage in the prescribed form and forward the record to the Registrar and the Registrar shall register the marriage. Section 54(3) The Registrar shall issue a certificate of marriage to the parties to a marriage celebrated under Part IV of this Act.

Section 55. Registration of Customary marriage Section 55(1) Where the parties to a marriage under Part V have completed the necessary rituals for their union to be recognised as a marriage under the customary law of any of the parties both shall apply to the Registrar within six months of their marriage for a certificate and both shall appear in person before the Registrar to be issued with the certificate of marriage. Section 55(2) Where the Registrar is satisfied that the parties to a marriage under Part V have complied with the provisions of this Act, and the parties have appeared before him in person, the Registrar shall register the marriage and issue the parties with a certificate of marriage.

Section 56. Registration of Hindu marriages Section 56(1) Where a person authorised by the Registrar celebrates a marriage under Part VI, that person shall record the details of the marriage in the prescribed form and deliver the record to the Registrar and the Registrar shall register the marriage. Section 56(2) Before the Registrar registers a marriage celebrated under Part VI, the Registrar shall confirm that the marriage complies with the provisions of this Act. Section 56(3) The Cabinet Secretary may make rules regarding the registration of marriages under Part VI of this Act.

Section 57. Registration of Islamic marriages Section 57(1)(a) record the details of the marriage; Section 57(1)(b) issue the parties to the marriage with a certificate of marriage; and Section 57(1)(c) deliver the record and certificate to the Registrar. Section 57(2) Where the Registrar receives a record and certificate of a marriage celebrated under Part VII and the Registrar is satisfied that the provisions of this Act have been complied with, the Registrar shall register the marriage.

Section 58. Registration of marriages contracted abroad Section 58(1) A Kenyan who celebrates a marriage outside Kenya may apply to the Registrar to have that marriage registered and the Registrar may register such a marriage only when the Registrar is satisfied that the marriage complies with the provisions of this Act. Section 58(2) The Registrar may consider a marriage certificate issued in that country or such other proof as the Registrar may consider sufficient before registering a marriage celebrated outside Kenya and where a marriage certificate is not in the official languages it shall be accompanied by a certified translation into the official languages.

Section 59. Evidence of marriage Section 59(1)(a) a certificate of marriage issued under this Act or any other written law; Section 59(1)(b) a certified copy of a certificate of marriage issued under this Act or any other written law; Section 59(1)(c) an entry in a register of marriages maintained under this Act or any other written law; Section 59(1)(d) a certified copy of an entry in a register of marriages maintained under this Act or any other written law; or Section 59(1)(e) an entry in a register of marriages maintained by the proper authority of the Khoja Shia, Ith’nasheri, Shia imam, Ismaili or Bohra communities, or a certified copy of such an entry. Section 59(2) Despite subsection (1), a marriage may be proven in Kenya if it was celebrated in a public place of worship but its registration was not required, by an entry in any register maintained at that public place of worship or a certified copy of such an entry.

Section 60. Copies of decrees of annulment and divorce to be sent to Registrar Section Where a court grants a decree of the annulment of a marriage or the dissolution of a marriage, it shall deliver a certified copy of the decree to the Registrar and the Registrar shall register the annulment or dissolution in a register maintained for the purpose.