Legal Marriages in Kenya
U.S. Embassy and Consulate staff cannot marry abroad. Depending on the law of the foreign country, local civil or religious authorities usually perform marriages. Marriages contracted abroad are considered valid in the country where they are contracted if they are contracted in accordance with local legislation. The recognition of the validity of marriages contracted abroad is governed by the law of the place where the marriage is to be recognized. In addition, Christian and civil marriages performed in Kenyan embassies, high commissions and consulates are registered in accordance with Kenyan laws, subject to the provisions of sections 23, 37 and 38 of the Act. Since marriage is a universal social institution, it exists in every community we have in Kenya. For this reason, the nature and form of marriage may vary in a particular culture, creed or religion with others. Some of the factors that set it apart are: practices, customs, and system of thought. Below are the different types of weddings in the country. Kenya`s marriage law does not recognize cohabitation as a form of marriage. The only marriages recognized are those listed from numbers 1 to 5.
Just like your family, marriage is a very important social institution. In fact, it is one of the indispensable, universal and oldest social institutions that has existed since the creation of man. For this reason, it is important to know if your marriage is legally binding in Kenya. Without further ado, let`s jump straight to the main content. Chapter 3. (1) Marriage is the voluntary union of a man and a woman, whether monogamous or polygamous, and whether they are registered under this Act. (3) All marriages registered under this Act shall have the same legal form. Section 22 of the Act provides for the recognition of marriages contracted outside Kenya, provided that they are contracted between competent persons and in accordance with the laws of the country in which the marriage was contracted. This is a type of marriage in which the state grants the couple legal recognition of their partnership through a marriage certificate in Kenya. The ceremony is usually performed by a government official or other person authorized by the state. Much has been said about marriage; The myths, beliefs, half-truths and misunderstandings surrounding this topic leave many people confused. The questions that arise are who can get married, how to get married, whether there are different types of marriages and many other questions.
The law provides that a customary marriage may be legally entered into in accordance with the customs and practices of one or both parties to a proposed marriage. The interpretation and application of this section by the Office of the Attorney General was carried out excluding a normal marriage between a Kenyan citizen and a foreigner. It is argued that while ordinary marriages are considered polygamous or potentially polygamous; Most foreign jurisdictions do not recognize polygamy. Second, it was pointed out that at the time of contracting an ordinary marriage, there was no possibility of confirming the marital status of the foreigner (as in the case of a civil, Hindu or Christian marriage, where the foreigner does not have to obtain a certificate of non-obstacle), which could be in a monogamous marriage and invalidate the usual Kenyan marriage. Several other reasons have been given for refusing to register a customary marriage between a Kenyan citizen and a foreigner, indicating that a customary marriage is only possible if the parties form one of the communities in Kenya where their practices and customs are demonstrable. This is an excellent article, it is concise but comprehensive. However, I believe that marriages after August 2017 – the deadline for the registration of all marriages (§ 96 of the Marriage Act) – can no longer be presumed (legally speaking). Marriages performed by clergy authorized to perform marriages outside a church There are currently 5 types of marriages. These are Christian marriages, civil marriages, common marriages, Hindu marriages and finally Islamic marriages. Today, we look at the first three. Like and follow my page on Facebook to stay up to date on Islamic and Hindu weddings.
The purpose of this short article is to present the legal situation in Kenya under the long-established doctrine of the “presumption of marriage” in light of the 2014 Marriage Act. According to the Constitutional Law on Marriage, it can be defined as the voluntary union of a woman and a man in a polygamous or monogamous marriage. For it to be legal, it must be registered in accordance with the law. Each country has different types, characteristics and functions of legal marriages that vary from time to time. Kenya is no exception. It has a few different unions that also have different characteristics. In this article, we will cover different types of weddings in Kenya. Read on to learn more. There is no legal provision recognizing this type of marriage in the country. In fact, it is not covered by the Marriage Act as one of the legal partnerships. With this type of marriage, you will not have access to certain services such as health insurance in Kenya.
Gone are the days when people could simply take an affidavit to be recognized as married partners in order to access certain services. It is therefore very important to undergo the Sheria House marriage registration procedure. Thank you for your request. For an Islamic marriage to be recognized in Kenya, it must be legally registered under the Marriage Act. Foreigners, like Kenyan citizens, may enter into marriages valid under the law, provided they are capable, are not parties to an existing marriage, and have fulfilled all the requirements prescribed by law. As the name suggests, these are marriages celebrated by people who profess the Christian religion. It is of utmost importance that the pastor leading the celebrations be a licensed wedding officer. To complete this type of marriage, the couple must go to the registrar and apply for registration of the marriage. The marriage procedure consists of completing a “Notice of Marriage” form, which can be obtained from the registrar at the registry office, and waiting for a legal notice period of twenty-one days before objections to the proposed marriage are raised. The filing fee for this notice is 600.00 Kshs (subject to change). Polygamous married women can suffer serious financial losses, including inheritance rights, and life-threatening health problems such as HIV/AIDS because their husbands have multiple sexual partners. Commonly referred to as DC Marriage or The AG Marriages The Marriage Act of 2014, the Laws of Kenya (the “Act”) consolidated all laws relating to marriage and divorce in Kenya.
It recognizes five types of marriages, namely Christian marriages, civil marriages, customary marriages, Hindu marriages and Islamic marriages. There is one thing that is not clear to me. If you have an Islamic marriage and you only have Nikkah, but it is not legally registered by the State of Kenya, is that marriage still legally recognized by Kenya if it is not registered? The legal period of 21 days must expire for the marriage to be contracted.