Marriage Act Cap 150 in Kenya

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Search Results...

97 sections

• Section 32 of Marriage Act CAP 150: 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 celebrate a marriage outside Kenya and where that Kenyan is required to obtain a certificate of no...

  
  
• Section 33 of Marriage Act CAP 150: 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 the notice, the Registrar shall confirm that— (a) neither party is within a prohibited...

  
  
• 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 (2) Unless a notice of objection has been withdrawn the Registrar shall not exercise the power conferred by section 33 to dispense with a notice.

  
  
• Section 35 of Marriage Act CAP 150: 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 to be signed by the parties and by the witnesses to the marriage and give two copies of the marriage...

  
  
• Section 36 of Marriage Act CAP 150: 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 country in accordance with the law of that country and the law of that country requires a certificate...

  
  
• Section 37 of Marriage Act CAP 150: 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 that purpose in any Kenyan embassy, high commission or consulate.

  
  
• Section 38 of Marriage Act CAP 150: 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 of Kenya; (b) at the time of the marriage the parties had the capacity to marry under the law of...

  
  
• Section 39 of Marriage Act CAP 150: 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; or (b) both parties have the capacity to marry under the law of that foreign country. (2) Despite...

  
  
• Section 40 of Marriage Act CAP 150: 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 of this Part; and (c) the parties have the capacity to marry under this Act.

  
  
• Section 41 of Marriage Act CAP 150: 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 respect of that country. (2) The Registrar shall maintain a register of all marriages conducted in...

  
  
• Section 42 of Marriage Act CAP 150: 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 of marriages maintained for that purpose by the Registrar. (2) Where the Registrar officiates at a...

  
  
• Section 43 of Marriage Act CAP 150: 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 to prove a marriage under customary law, the payment of a token amount of dowry shall be sufficient...

  
  
• Section 44 of Marriage Act CAP 150: 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 parties in the community concerned.

  
  
• Section 45 of Marriage Act CAP 150: 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 requirements to prove the marriage have been undertaken. (2) A declaration under subsection (1)...

  
  
• Section 46 of Marriage Act CAP 150: Application of this Part
  

  This Part shall apply only to persons who profess the Hindu faith.

  
  
• Section 47 of Marriage Act CAP 150: 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 officiate at a marriage under this Part shall record the details of a marriage under this part in the...

  
  
• Section 48 of Marriage Act CAP 150: Application of Islamic law
  

  This Part shall only apply to persons who profess the Islamic faith.

  
  
• Section 49 of Marriage Act CAP 150: 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 at a marriage under this Part shall record the details of a marriage under this part in the...

  
  
• Section 50 of Marriage Act CAP 150: 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 certificates for all registered marriages; (d) issue certificates of no impediment to persons who...

  
  
• Section 51 of Marriage Act CAP 150: 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 appointed under subsection (1) shall keep a record of all marriages celebrated that that person in that...

  
  
• Section 52 of Marriage Act CAP 150: 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 subsection (1) as a marriage officer. (3) The Registrar shall issue a person appointed as a...

  
  
• Section 53 of Marriage Act CAP 150: 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 celebration of the marriage for the registration of that marriage. (2) Before the Registrar...

  
  
• Section 54 of Marriage Act CAP 150: 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 officer shall record the details of the marriage in the prescribed form and forward the record to the...

  
  
• Section 55 of Marriage Act CAP 150: 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 the Registrar within six months of their marriage for a certificate and both shall appear in person...

  
  
• Section 56 of Marriage Act CAP 150: 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 and the Registrar shall register the marriage. (2) Before the Registrar registers a marriage...

  
  
• Section 57 of Marriage Act CAP 150: 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 marriage; (b) issue the parties to the marriage with a certificate of marriage; and (c) deliver the record...

  
  
• Section 58 of Marriage Act CAP 150: 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 that the marriage complies with the provisions of this Act. (2) The Registrar may consider a marriage...

  
  
• Section 59 of Marriage Act CAP 150: 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 other written law; (c) an entry in a register of marriages maintained under this Act or any other...

  
  
• Section 60 of Marriage Act CAP 150: 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 annulment or dissolution in a register maintained for the purpose.

  
  
• Section 61 of Marriage Act CAP 150: 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 decree. (2) Where the Registrar is satisfied that a decree under this section should be recognised in Kenya as...