Section 34 of Marriage Act CAP 150: 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(2) Unless a notice of objection has been withdrawn the Registrar shall not exercise the power conferred by section 33 to dispense with a notice.
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- 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...
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(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...
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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—
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- 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...
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(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...
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- Section 45 - Contents of notification of Customary marriage
(1) The notification under section 25 shall—
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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.
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(2) A person authorised to officiate...
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(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...
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(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...
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(1) Where the Registrar celebrates a marriage under Part IV of this Act, the Registrar shall register the marriage.
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(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...
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(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...
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(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...
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(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...
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(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...
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(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...
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(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...
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(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.
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(1) A party to a marriage may petition the court to annul the marriage on the ground that—
(a) the marriage has not been consummated since its celebration;
(b) at the time of the marriage and...
- Section 74 - Party to petition for annulment of marriage
(1) A petition for annulment may be presented only by one of the parties.
(2) Where a petitioner alleges facts of which only one party was ignorant at the date of that marriage, it may be presented...
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The parties to a marriage which has been annulled by decree absolute of the court shall be deemed never to have been married but a decree of annulment shall not—
(a) render lawful anything which was...
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Except as provided in this section a promise by a person to marry another person is not binding.
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(1) The court may order a person to pay maintenance to a spouse or a former spouse—
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Except where an order for maintenance of a spouse is expressed to be for any shorter period or where any such order has revoked and subject to section 79, the order shall lapse—
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An order of maintenance shall lapse upon the remarriage of the beneficiary of the order.
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(1) The court may revoke or vary a subsisting order for maintenance of any kind, whether secured or unsecured, if it is satisfied that the order was based or obtained as the result of any...
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Maintenance payable to a person under an order of the court shall not be assigned or transferred or liable to be attached, sequestrated or levied upon for, or in respect of, any debt or claim.
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(1) The court may order a party to refrain from molesting a spouse or former spouse.
(2) No proceedings may be brought to compel one spouse to cohabit with the other, but a spouse who alleges that he...