A christian, hindu or civil marriage is monogamous. May 2, 2014 on april 29, 2014, president uhuru kenyatta of kenya signed into law the marriage bill, 2014, a comprehensive law. In particular the matrimonial property act, 20 safeguards womens property rights during and upon dissolution of the marriage. Development of rules pertaining to divorce proceedings, marriage act 2014, kenya. But the unique identities of these systems persist. May 20, 2014 ochiel j dudley legal researcher kenya law date of assent. The interaction of legal systems is complex and often engenders conflict and competition. The law replaces various other laws which have been at the moment repealed they include. Comewestay marriages post the 2014 marriage actrecent. Marriage act 4 years ago admin laws and acts governing the system. Issuance of certificates of no impediment to marry for kenyan nationals. Registration of customary marriages in kenya under gazette notice number 5345 on 9th june 2017. The marriage act 2014 recognises four types of marriages. Civil, christian, customary, hindu and islamic marriages.
Guidance on all marriages solemnized under the marriage act 4 of 2014. The need to reconcile customary law and womens rights kenya is a legally plural state where several different legal and normative systems operate alongside each other. The marriage act, 2014 attempts to harmonize or at least consolidate the fractious family law systems of kenya. The 2014 kenya demographic and health survey 2014 kdhs was implemented by the kenya national bureau of statistics from may 2014 to october 2014 in partnership with the ministry of health, the national aids control council nacc, the national council for population and development ncpd, and the kenya medical research institute kemri. In 2014, kenya signed a joint statement at the human rights council calling for a resolution on child marriage. For more of this and other stories, grab your copy of the standard newspaper. Below is a brief overview of key pieces of legislation related to land. Kenyas national land policy, developed through a multiyear consultative. Kenyas the marriage act 2014 is free app providing detail sectionwise and chapterwise information of the marriage act 2014 of kenya. Country criminal provisions laws against advocacy recognition of samesex marriage commit an unnatural offense, also a crime, is, punishable on conviction by a sevenyear prison term. Short title and commencement this act may be cited as the children act, 2001 and shall come into operation on such date as the minister may, by notice in the gazette, appoint and different dates may be appointed for different provisions. Getting married in kenya state law office and department.
The act seeks to consolidate existing marriage laws into a single act currently seven. In 2014, parliament enacted the marriage act which provides for registration of all. An act of parliament to provide for the rights and responsibilities of spouses in relation to matrimonial property and for connected purposes part i preliminary 1. Guidance on celebration of civil marriages at kenyan high commissions and consulates outside kenya. Application for registration 1 where a marriage is contracted under customary law, either party to the marriage or both parties. You can optionally provide a password to protect this file. The following documents are required to register any of the mentioned marriages. Mohammedan marriage and divorce registration act 1906mohammedan marriage, divorce and succession act 1920. The countertrafficking in persons act 2010, the prohibition of. Cessation of application of married women property act.
Recognition of foreign marriages as civil marriages in kenya. Download marriage bill, 20 in pdf kenya law reform. For more pls visit here on 28th april 2014 president kenyatta signed the marriage bill into law. Marriage act an act to make provisions for the celebration of marriages. Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the act. Nothing in this act shall authorise the making of any decree of dissolution of marriage unless the petitioner is domiciled in uganda at the time when the petition is presented. Eight kadhis courts in kenya, presided over by chief kadhi or a kadhi appointed by judicial services commission. Short title this act may be cited as the law of succession act.
The gazette notice required that all customary marriages be registered from the 1st of august 2017. The court held that the marriage act, 2014 was not applicable to a dispute that was filed on 31st october, 20 and thus before the act, which came into operation on 20th may, 2014. Short title this act may be cited as the marriage act. Kenya is governed by the marriage customary marriage rules, 2017, under the marriage act.
The marriage law had the intention of bringing together the various existing laws existing in the country into one coherent legal document. Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union, kenyatta said in a statement. Comprehensive marriage law enacted global legal monitor. Where a kenyan wishes to celebrate a marriage outside kenya and where that kenyan is required to obtain a certificate of no impediment. Application of act 1 except as otherwise expressly provided in this act or any other written law, the provisions of this act shall constitute the law of kenya in respect of, and shall. Short title this act may be cited as the matrimonial property act, 20. Page 1 of 18 28 february 1964 26 march 1968 this version applied as from 28 february 1964 to 26 march 1968, i. The constitution of kenya 2010 expressly provides for the protection of the family and equality of marriage.
It is notified for public information that commencement of the marriage customary marriage rules 2017, and in furtherance of section 196 of the marriage act, 2014. The matrimonial causes act 2 of 1989, 30 of 2005 lst february, 1989. Indeed until july 1, 1981 when the law of succession act cap. Section 31 of the marriage act 2014 defines marriage as a voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with this act. The legislation provides that matters regarding child custody and maintenance are to be governed under the children act regardless of the form of marriage in question. President kenyatta assents to marriage and heroes bills nairobi, 29 april, 2014 pscu president uhuru kenyatta has signed into law the marriage bill 2014. Sodomy is a felony per section 162 of the kenyan penal code, punishable by 14 years imprisonment, and any sexual practices between males termed gross indecency are a felony under section 165 of the same statute, punishable by 5 years imprisonment. The kenyan marriage act 2014, will it survive the courts. In this act, unless the context otherwise requirespolygamy means the state or practice of a man having more than one wifesimultaneously. Contracting marriage under this act when married in african customary law or contracting marriage in african customary law when married under this act 39.
Jurisdiction in proceedings relating to same sex marriages. Securing your union under the marriage act lillian aluangadelvaux 24th may 2014 00. The marriage act, 2014 recognizes five 5 systems of marriage, namely. In kenya the institutions of marriage and succession are closely intertwined. These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. Lesbian, gay, bisexual, and transgender lgbt persons in kenya face legal challenges not experienced by nonlgbt residents. These rules were effected by gazette notice number 5345 issued on the 9th june 2017. In this act, unless the context otherwise requires 1.
The new marriage act 2014 has emphasized on the registration of marriage including customary marriage which is potentially polygamous. Registration of customary marriage on the commencement of this act, a marriage contracted under customary law before or after the commencement may be registered in accordance with this act. Signature of notice by person unable to write or to understand english. Marriage 2014 the marriage act, 2014 an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. An act of parliament to amend and consolidate the various laws relating to marriage and divorce and for. That even though the cause was heard on 28th may, 2014 after the commencement of the act the cause was filed before the commencement of the act. False pretences in connection with consent to marriage 42. Part one is preliminary while part two bears the general provisions. It is recommended that if one intends to get married in any part of kenya other than nairobi that they visit the registrar of marriages office in nairobi for proper guidance. Meaning of marriage and related expressions in enactments and documents. The act demands that couples married under customary marriage register their marriage at the office of attorney general. A marriage celebrated under customary law or islamic law is presumed to be polygamous or potentially. How to contact the registrar of marriages, nairobi, kenya. Marriage bill, 20 kenya law reform commission klrc.