01 Sep Legally Recognized Marriages in Kenya
Posted at 07:45h
in Family Law
What is Marriage?
In Kenya, marriage is defined as the voluntary legal union of a man and a woman. Undoubtedly, it is a
cornerstone of society reflecting cultural, religious, and legal norms.
Kenya is recognized for its unique approach to marriage as marriages in Kenya are a fusion of tradition,
modernity, and the influence of its various ethnic communities.
The Marriage Act, 2014
The Kenyan Marriage Act recognizes five types of marriages: Christian, Civil, Customary, Islamic, and
Hindu marriages. Each of these types of marriage has its distinct legal requirements and implications.
Notably, the Act accommodates both monogamous and polygamous marriages. Monogamous marriages
involve a single spouse, while polygamous marriages allow a man to have multiple wives, provided specific
conditions are met. The Act stipulates the conditions under which a man can legally enter into a polygamous marriage, emphasizing the importance of informed consent from all parties involved.
A Christian, Hindu or Civil marriage is monogamous while a marriage celebrated under Customary law or
Islamic law is presumed to be polygamous or potentially polygamous.
Currently, cohabitations are not legally recognized as marriages by the Marriage Act.
1.Christian Marriages
Christian marriages are marriages involving at least one party who professes the Christian religion and the wedding
is officiated by a licensed church minister appointed by the Registrar of Marriages.
Before a Christian marriage can take place, parties are required to give notice of their intended marriage to the
Registrar of Marriages. This notice includes essential details such as the names of the parties, their intention to
marry, and other relevant information. This notice is published for a specified period to allow for any objections or
concerns to be raised.
Once the parties have finalized their Christian marriage ceremony, a marriage certificate (in triplicate) must be signed
by the church minister, the married couple as well as their witnesses. Thereafter, the marriage certificate should be
registered with the Registrar of Marriages and will serve as the legal proof of the marriage.
2.Civil Marriages:
Civil marriages are marriages solemnized by the Registrar of Marriages. This type of marriage is non-religious and is often preferred by couples seeking a simple secular ceremony.
Before a civil marriage can take place, the couple is required to give notice of their intention to marry to the Registrar
of Marriages. This notice is published for a specified period to allow for any objections or concerns to be raised.
After the notice period, the couple can proceed with their civil marriage ceremony. This ceremony is usually
conducted at a government office where the couple signs the marriage certificate in the presence of witnesses.
Following the ceremony, the marriage officer registers the marriage.
3.Customary Marriages
A customary marriage is one celebrated as per the customs of the communities of one or both of the
parties to the intended marriage. While customary marriages have long been recognized within Kenyan
communities, the formal legal recognition of these unions was solidified with the enactment of the Marriage
Act in 2014. This legislation acknowledges the importance of customary marriages and provides a
framework for their legal recognition and registration.
To be recognized as a legally valid customary marriage, the union must adhere to the customs and
traditions of the specific ethnic group. However, where the payment of a dowry is required to prove a
marriage under customary law, the payment of a token amount of dowry is sufficient to prove a customary
marriage.
The parties to a customary marriage are required to notify the Registrar of marriages about their marriage
within three months of finishing the necessary ceremonies or steps to be considered married in their
community. Registering the marriage provides legal documentation of the marriage and safeguards the
rights of the spouses and children.
4.Islamic Marriages
Islamic marriages are marriages celebrated between persons who profess the Islamic faith and in
accordance with Islamic law. Islamic marriages are legally recognized in Kenya, offering Muslim couples
the same legal protections and benefits as other forms of marriage.
An Islamic marriage must be officiated by a kadhi, sheikh or imam authorised by the Registrar of Marriages.
The person who officiates the marriage should record the details of the marriage and deliver the record to the
Registrar for the registration of the marriage.
5.Hindu Marriages
with Hindu religious rituals.
A Hindu marriage must be officiated by a person authorised by the Registrar of Marriages who will be
responsible for recording the details of the marriage and for delivering the record to the Registrar for the registration
of the marriage.
The information above is not nor is it intended to be specific legal advice. This website is designed for
general information only. You should consult an advocate for advice regarding your specific situation. We
invite you to contact us about your family law situation and welcome your calls, letters and emails.