These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. 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. Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union, kenyatta said in a statement. The marriage law had the intention of bringing together the various existing laws existing in the country into one coherent legal document. In particular the matrimonial property act, 20 safeguards womens property rights during and upon dissolution of the marriage. The countertrafficking in persons act 2010, the prohibition of. Comewestay marriages post the 2014 marriage actrecent. A christian, hindu or civil marriage is monogamous. The gazette notice required that all customary marriages be registered from the 1st of august 2017. Download marriage bill, 20 in pdf kenya law reform.
The law replaces various other laws which have been at the moment repealed they include. Short title this act may be cited as the law of succession act. 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. The new marriage act 2014 has emphasized on the registration of marriage including customary marriage which is potentially polygamous. Comprehensive marriage law enacted global legal monitor. In this act, unless the context otherwise requirespolygamy means the state or practice of a man having more than one wifesimultaneously.
Mohammedan marriage and divorce registration act 1906mohammedan marriage, divorce and succession act 1920. 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. Jurisdiction in proceedings relating to same sex marriages. In 2014, parliament enacted the marriage act which provides for registration of all. 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. Eight kadhis courts in kenya, presided over by chief kadhi or a kadhi appointed by judicial services commission. Recognition of foreign marriages as civil marriages in kenya. 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. 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. You can optionally provide a password to protect this file. Application for registration 1 where a marriage is contracted under customary law, either party to the marriage or both parties. Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the act.
An act of parliament to amend and consolidate the various laws relating to marriage and divorce and for. 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. 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. Act, and national land commission act, others, such as a law on community land, are yet to be finalized. May 2, 2014 on april 29, 2014, president uhuru kenyatta of kenya signed into law the marriage bill, 2014, a comprehensive law. Below is a brief overview of key pieces of legislation related to land.
The constitution of kenya 2010 expressly provides for the protection of the family and equality of marriage. Marriage act 4 years ago admin laws and acts governing the system. False pretences in connection with consent to marriage 42. Signature of notice by person unable to write or to understand english. 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 following documents are required to register any of the mentioned marriages. Page 1 of 18 28 february 1964 26 march 1968 this version applied as from 28 february 1964 to 26 march 1968, i. The marriage act 2014 recognises four types of marriages. How to contact the registrar of marriages, nairobi, kenya. If you are planning to get married, you need to familiarise yourself with provisions in.
In this act, unless the context otherwise requires 1. The kenyan marriage act 2014, will it survive the courts. 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. For more pls visit here on 28th april 2014 president kenyatta signed the marriage bill into law. Indeed until july 1, 1981 when the law of succession act cap. A marriage celebrated under customary law or islamic law is presumed to be polygamous or potentially. In kenya the institutions of marriage and succession are closely intertwined. Guidance on all marriages solemnized under the marriage act 4 of 2014. The marriage act, 2014 recognizes five 5 systems of marriage, namely. These rules were effected by gazette notice number 5345 issued on the 9th june 2017. Contracting marriage under this act when married in african customary law or contracting marriage in african customary law when married under this act 39. For more of this and other stories, grab your copy of the standard newspaper.
Meaning of marriage and related expressions in enactments and documents. Part one is preliminary while part two bears the general provisions. Parties to a marriage have equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage. Short title this act may be cited as the marriage act. Issuance of certificates of no impediment to marry for kenyan nationals. Marriage act an act to make provisions for the celebration of marriages. 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. The act seeks to consolidate existing marriage laws into a single act currently seven. The marriage act, 2014 attempts to harmonize or at least consolidate the fractious family law systems of kenya. Kenya is governed by the marriage customary marriage rules, 2017, under the marriage act.
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. Marriage bill, 20 kenya law reform commission klrc. Development of rules pertaining to divorce proceedings, marriage act 2014, kenya. 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. The act demands that couples married under customary marriage register their marriage at the office of attorney general. Guidance on celebration of civil marriages at kenyan high commissions and consulates outside kenya. 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.
Civil, christian, customary, hindu and islamic marriages. President kenyatta assents to marriage and heroes bills nairobi, 29 april, 2014 pscu president uhuru kenyatta has signed into law the marriage bill 2014. Registration of customary marriages in kenya under gazette notice number 5345 on 9th june 2017. Securing your union under the marriage act lillian aluangadelvaux 24th may 2014 00.