Section 3 of Marriage Act CAP 150: Meaning of marriage
(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.
(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.
(3) All marriages registered under this Act have the same legal status.
(4) Subject to subsection (2), the parties to an Islamic marriage shall only have the rights granted under Islamic law.
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- Section 4 - Minimum age
A person shall not marry unless that person has attained the age of eighteen years.
- Section 5 - Witnesses to a marriage
(1) A marriage conducted under this Act shall be witnessed by two competent witnesses.
(2) A person is not competent to act as a witness if that person is—
(a) below the age of eighteen...
- Section 6 - Kinds of marriages
(1) A marriage may be registered under this Act if it is celebrated— (a) in accordance with the rites of a Christian denomination;
(b) as a civil marriage;
(c) in accordance with the customary rites...
- Section 7 - Declaration of marriage registration areas
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
(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.
(2) A polygamous...
- Section 9 - Subsisting marriages
Subject to section 8, a married person shall not, while—
(a) in a monogamous marriage, contract another marriage; or
(b) in a polygamous or potentially polygamous marriage, contract another marriage...
- Section 10 - Prohibited marriage relationship
(1) A person shall not marry—
(a) that person’s grandparent, parent, child, grandchild, sister, brother, cousin, great aunt, great uncle, aunt, uncle, niece, nephew, great niece or great...
- Section 11 - Void marriages
(1) A union is not a marriage if at the time of the making of the union—
(a) either party is below the minimum age for marriage;
(b) the parties are within the prohibited marriage...
- Section 12 - Voidable marriages
Subject to section 11, a marriage is voidable if— (a) at the date of the marriage—
(i) either party was and has ever since remained incapable of consummating it;
(ii) either party was and has ever...
- Section 13 - Spouses and the law of tort
Despite the provisions of any other written law—
(a) a spouse shall not be liable for the torts of the other spouse by reason of being a spouse;
(b) spouses have the same liability in tort towards...
- Section 14 - Arrangement to live apart
(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.
(2) Despite subsection (1), the...
- Section 15 - Rights of widow and widowers
(1) A widow or widower may re-marry.
(2) A widow or a widower may elect not to re-marry.
- Section 16 - Duration of marriage
A marriage registered under this Act subsists until it is determined by— (a) the death of a spouse;
(b) a decree declaring the presumption of the death of a spouse;
(c) a decree of annulment;
(d) a...
- Section 17 - Christian marriages
This Part applies to a marriage where a party to the marriage professes the Christian religion.
- Section 18 - Interpretation of Part
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
(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...
- Section 20 - Obligations of the church minister in relation to objection
(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...
- Section 21 - Signing of the marriage certificate
(1) When a marriage has been celebrated in accordance with the provisions of this Part, the person officiating at the marriage ceremony shall—
(a) complete and sign a marriage certificate in the...
- Section 22 - Recognition of foreign marriages as Christian marriages in Kenya
A marriage celebrated outside Kenya otherwise than in accordance with this Part, shall be recognized as a marriage under this Part if—
(a) it is contracted in accordance with the law of the country...
- Section 23 - Christian marriages at the embassy, high commission or consulate
A marriage celebrated in the embassy, high commission or consulate of a foreign country in Kenya is a
Christian marriage under this Part if—
(a) it is contracted in accordance with the law relating...
- Section 24 - Celebration of civil marriages
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
(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...
- Section 26 - Publication of notice of intention to marry
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
(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...
- Section 28 - Obligation of the person in charge of a place where a marriage is to be celebrated in relation to objections
(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...
- Section 29 - Determination of objection
(1) The Registrar shall hear an objection under section 28 within seven days of the Registrar receiving the notice of objection.
(2) The Registrar shall determine an objection under section 28 within...
- Section 30 - Effect of an appeal to an objection
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
(1) The court shall hear and determine any appeal expeditiously.
(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
(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.
(2) Where a Kenyan wishes to...
- Section 33 - Power of Registrar to dispense with notice
(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.
(2) Before dispensing with...
- Section 34 - Effect of appeal on the findings of an objection
(1) The provisions of section 30 apply with the necessary modifications.
(2) Unless a notice of objection has been withdrawn the Registrar shall not exercise the power conferred by section 33 to...
- Section 35 - Contracting a civil marriage
When a marriage has been celebrated in the presence of a Registrar, the Registrar shall—
(a) complete and sign a marriage certificate in the prescribed form; and
(b) cause the marriage certificate...
- Section 36 - Certificate of no impediment
(1) If the Registrar is satisfied that no impediment to the intended marriage exists, the Registrar shall celebrate the marriage.
(2) If a Kenyan wishes to celebrate a civil marriage in a foreign...
- Section 37 - Civil marriages at the Kenyan embassy, high commission or consulate for non-Kenyan citizens
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...
- Section 38 - Civil marriages in foreign countries
A marriage celebrated in a foreign country otherwise than in accordance with section 37 is valid if—
(a) it was contracted in accordance with the law of that country and is consistent with the laws...
- Section 39 - Civil marriages at the Kenyan embassy, high commission or Consulate for Kenyan citizens
(1) A Kenyan may celebrate a civil marriage in a Kenyan embassy, high commission or consulate in a foreign country if—
(a) it is celebrated in accordance with the law of that foreign country;...
- Section 40 - Recognition of foreign marriages as civil marriages in Kenya
A civil marriage contracted in a foreign country shall be recognized as a valid marriage if—
(a) it is contracted in accordance with the law of that country;
(b) it is consistent with the provisions...
- Section 41 - Appointment of diplomatic staff as celebrants of marriage
(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...
- Section 42 - Duty to register marriages
(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...
- Section 43 - Governing law for Customary marriage
(1) A marriage under this Part shall be celebrated in accordance with the customs of the communities of one or both of the parties to the intended marriage.
(2) Where the payment of dowry is required...
- Section 44 - Notification of Customary marriage
The parties to a customary marriage shall notify the Registrar of such marriage within three months of completion of the relevant ceremonies or steps required to confer the status of marriage to the...
- Section 45 - Contents of notification of Customary marriage
(1) The notification under section 25 shall—
(a) specify the customary law applied in the marriage of such parties; and
(b) contain a written declaration by the parties, that the necessary customary...
- Section 46 - Application of this Part
This Part shall apply only to persons who profess the Hindu faith.
- Section 47 - Persons authorised by Registrar to solemnize Hindu marriages
(1) A marriage under this Part is may be officiated by a person authorised by the Registrar and in accordance with the Hindu religious rituals of a party to the marriage.
(2) A person authorised to...
- Section 48 - Application of Islamic law
This Part shall only apply to persons who profess the Islamic faith.
- Section 49 - Officiation of Islamic marriages
(1) A marriage under this Part shall be officiated by a kadhi, sheikh or imam as may be authorised by the Registrar and celebrated in accordance with Islamic law.
(2) A person authorised to officiate...
- Section 50 - Appointment of Registrar and Marriage officers
(1) There shall be a Registrar of Marriages who shall be appointed by the Cabinet Secretary.
(2) The Registrar shall— (a) perform civil marriages;
(b) register all marriages;
(c) issue marriage...
- Section 51 - Appointment of marriage officers in foreign countries
(1) The Registrar may by notice in the Gazette, appoint a member of the diplomatic staff of Kenya in a foreign country to celebrate civil marriages for the purposes of this Act.
(2) A person...
- Section 52 - Licensing ministers of faith
(1) A minister of faith may apply to the Registrar to be appointed as a marriage officer for the purposes of this Act.
(2) The Registrar may appoint a minister of faith who makes an application under...
- Section 53 - Registration of Christian marriages
(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...