Section 22 of Marriage Act CAP 150: 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 where it is celebrated and is consistent with the requirements of this Part;
(b) at the time of the celebration of the marriage, the parties to the marriage had the capacity to marry under the law of the country where the marriage is celebrated; or
(c) at the time of the marriage any party to the marriage is domiciled in Kenya, both parties had the capacity to marry under this Act.
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- 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...
- Section 54 - Registration of civil marriages
(1) Where the Registrar celebrates a marriage under Part IV of this Act, the Registrar shall register the marriage.
(2) Where a marriage officer celebrates a marriage under Part IV, the marriage...
- Section 55 - Registration of Customary marriage
(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...
- Section 56 - Registration of Hindu marriages
(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...
- Section 57 - Registration of Islamic marriages
(1) Where a Kadhi, sheikh, Mukhi or imam authorised by the Registrar celebrates a marriage under Part
VII of this Act, the Kadhi, sheikh, Mukhi or imam shall—
(a) record the details of the...
- Section 58 - Registration of marriages contracted abroad
(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...
- Section 59 - Evidence of marriage
(1) A marriage may be proven in Kenya by—
(a) a certificate of marriage issued under this Act or any other written law;
(b) a certified copy of a certificate of marriage issued under this Act or any...
- Section 60 - Copies of decrees of annulment and divorce to be sent to Registrar
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...
- Section 61 - Registration of foreign annulments and divorces
(1) Where a marriage celebrated in Kenya is annulled or dissolved by a decree of a foreign court, any party to the annulled or dissolved marriage may apply to the Registrar to register the...
- Section 62 - Endorsement of marriage registers
(1) The Registrar shall enter the details of the declaration made under section 8 against the relevant entry in the register of marriages.
(2) The Registrar shall enter the details of the decree...
- Section 63 - Correction of errors
(1) A party to a marriage may apply to the Registrar or to a marriage officer or to a person authorised by the Registrar to correct a clerical error or omission in a register of marriage or a...
- Section 64 - Mediation of disputes in Christian marriages
The parties to a marriage celebrated under Part III may seek the services of any reconciliation bodies established for that purpose that may exist in the public place of worship where the marriage was...
- Section 65 - Grounds for dissolution of a Christian marriage
A party to a marriage celebrated under Part III may petition the court for a decree for the dissolution of the marriage on the ground of—
(a) one or more acts of adultery committed by the other...
- Section 66 - Right to petition for separation or divorce
(1) A party to a marriage celebrated under Part IV may not petition the court for the separation of the parties or for the dissolution of the marriage unless three years have elapsed since the...
- Section 67 - Recognition of decree by foreign court in matrimonial proceedings
Where a foreign court has granted a decree in matrimonial proceedings whether arising out of a marriage celebrated in Kenya or elsewhere, that decree shall be recognized in Kenya if—
(a) either party...
- Section 68 - Mediation of disputes in Customary marriages
(1) The parties to a marriage celebrated under Part V may undergo a process of conciliation or customary dispute resolution before the court may determine a petition for the dissolution of the...
- Section 69 - Grounds for divorce of Customary marriages
(1) A Party to a marriage celebrated under Part V may petition the court for the dissolution of the marriage on the ground of—
(a) adultery;
(b) cruelty;
(c) desertion;
(d) exceptional...
- Section 70 - Grounds for divorce of Hindu marriages
A party to a marriage celebrated under Part VI may petition the court for the dissolution of the marriage on the ground that—
(a) the marriage has irretrievably broken down;
(b) the other party has...
- Section 71 - Governing law for Islamic divorce matters
The dissolution of marriage celebrated under Part VII shall be governed by Islamic law.
- Section 72 - Registration of divorce under Islamic law
Where a Kadhi, sheikh, imam or person authorised by the Registrar grants a decree for the dissolution of a marriage celebrated under Part VII, the Kadhi, sheikh, imam, Mukhi or authorised person shall...