M-Wakili

Marriage Act Cap 150 - as Plain Text by MWakili

LAWS OF KENYA The Marriage acT Chapter 150 Revised Edition 2010 (1984) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org 2 CAP.

150 Marriage [Rev.

2010 CHAPTER 150 THE MARRIAGE ACT Section ARRANGEMENT OF SECTIONS 1- Short title.

2- Interpretation.

3- Registrar General.

4- Constitution of marriage districts.

5- Appointment of registrars.

6-Ofcesofregistrars.

7- Licensing of places of worship.

preliminaries to marriage 8-Notice of marriage.

9-Registrars to supply forms of notice.

10- Notice to be entered in marriage notice book and published.

11-Issueofregistrarscerticate.

12-Marriage to take place within three months after notice.

13-Marriage facilities.

14- Minister may grant licence to marry.

15-Caveatagainstissueofcerticate.

16- Reference to Supreme court when caveat entered.

17-Removal of caveat.

18- Compensation and costs.

Consent to marriage in Certain Cases neCessary 19- Consent to marriage of minors.

20- Consent by person unable to write or to understand English.

21- Consent where no parent or guardian capable of consenting.

22- Consent by Supreme court.

Celebration of marriage 23-Conditions for celebration of marriage.

24- Marriage not to be celebrated if impediment, nor without licence, etc.

25- Where minister may celebrate marriage.

26-Registrars,etc.,tobeprovidedwithbooksofcerticates.

27-Entriestobemadeinmarriagecerticate.

28-Signatureofcerticate.

Rev.

2010] Marriage CAP.

150 3 29-Marriageinregistrarsofce.

30-Signatureofcerticateofmarriageinregistrarsofce.

31- Marriage under Ministers licence.

registry and evidenCe of marriages 32-Marriagecerticatestoberegistered.

33- Correction of clerical errors.

34- Evidence of marriage.

invalid marriages 35-Marriagesinvalidongroundofkindredandafnityand other grounds.

36- Marriages under this Act valid.

37-Marriages under native law or custom.

marriages already Celebrated 38-Certain existing marriages validated.

38A- Foreign marriages of Kenya citizens.

38B-Issueofcerticateofnoimpediment.

38C- Registration of marriages solemnized under foreign law.

fees 39- Fees.

40- Remission of fees.

41- Minister may receive customary fees.

offenCes and penalties 42-Marriage with a person previously married.

43-Making false declarations, etc., for marriage.

44-False pretence of impediment to marriage.

45-Unlawfully performing marriage ceremony.

46-Wilfulneglectofdutytolluportransmitcerticateof marriage.

47- Personation in marriage.

48- Fictitious marriage.

49- Contracting marriage under this Act when already married by native law or custom.

50- Contracting marriage by native law or custom when already married under this Act.

51- Rules.

rules 4 CAP.

150 Marriage [Rev.

2010 Cap.

144 (1948), 26 of 1951, CHAPTER 150 L.N.

299/1956, L.N.

172/1960, THE MARRIAGE ACT 14 of 1961, 28 of 1961, L.N.

462/1963, L.N.

2/1964, th L.N.

168/1964, Commencement: 29 November, 1902 21 of 1966, 26 of 1966, An Act to make provision for marriages L.N.

269/1966, 8 of 1968, L.N.

44/1968, 7 of 1975, L.N.

245/1988, L.N.

89/1997, L.N.

87/2003.

Short title.

1.

This Act may be cited as the Marriage Act.

Interpretation.

2.

In this Act, except where the context otherwise requires 28 of 1961, Sch., L.N.

2/1964.

district means a marriage district constituted under this Act; registrar means a registrar of marriages, and includes a deputy registrar when acting as registrar; Registrar General means the Registrar General of Marriages, or the Deputy Registrar General of Marriages, or any Assistant Registrar General of Marriages appointed under section 3 of this Act.

Registrar General.

3.

(1) The Minister shall appoint a Registrar General of 28 of 1961, Sch., Marriages.

L.N.

168/1964.

(2) The Minister may appoint a Deputy Registrar General of Marriages, and so many Assistant Registrars General of Marriages as he may think necessary for the carrying out of this Act.

Constitution of 4.

The Minister shall, by order published in the Gazette divide marriage districts.

Kenya into marriage districts, for the purposes of this Act, and may, by L.N.

299/1956, like order, alter districts either by alteration of boundaries or by union L.N.

172/1960.

or subdivision of districts, or by the formation of new districts.

Appointment of 5.

(1)TheMinistershallappointatandproperpersontobe registrars.

the registrar of marriages for each district; and may also from time to L.N.

299/1956, time appoint a deputy registrar of marriages for any district to act in the L.N.

172/1960, absence or during the illness or incapacity of the registrar.

21 of 1966, Sch.

26 of 1966, s.

2, (2) The Minister may appoint a registrar of marriages for any 8 of 1968, Sch.

foreign country or place, and may appoint a deputy to any such registrar Rev.

2010] Marriage CAP.

150 5 to act in the absence or during the illness or incapacity of the registrar, being in either case- (a)aconsularofcerorpublicofcerresidinginthatcountry or place; or (b)wherethereisnosuchofcer,anypublicofcer.

6.Everyregistrarshallhaveanofceatsuchplaceinhisdistrict as the Minister shall direct.

Ofcesofregistrars.

L.N.

299/1956, L.N.

172/1960, 21 of 1966, Sch.

7.

The Minister may license any place of public worship to Licensing of places be a place for the celebration of marriages, and may at any time of worship.

cancel such licence; in either case he shall give notice thereof in the L.N.

299/1956, Gazette.

L.N.

172/1960.

preliminaries to marriage 8.

(1) Whenever any persons desire to marry, one of the parties Notice of marriage.

to the intended marriage shall sign and give to the registrar of the 26 of 1951, s.

2, district in which the party giving such notice resides a notice in the 14 of 1961, Sch.

prescribed form.

(2) If the person giving such notice is unable to write or is insufcientlyacquaintedwiththeEnglishlanguage,orboth,thenit shallbesufcientifheplaceshismarkorcrosstheretointhepresence of some literate person, who shall attest the same, which attestation shall be in the prescribed form.

9.

Every registrar shall supply forms of notice gratuitously to any Registrars to supply persons applying for the same.

forms of notice.

10.

(1) Upon receipt of such notice, the registrar shall cause the Notice to be entered same to be entered in a book, to be called the marriage notice book, in marriage notice book and published.

whichmaybeinspectedduringofcehourswithoutfee.

(2) He shall also publish such notice by causing a copy of the sametobeafxedontheouterdoorofhisofce,andtobekeptexposed thereuntilhegrantshiscerticateashereinafterprovided,oruntilthree months have elapsed.

11.

(1) The registrar, at any time after the expiration of twenty- Issue of registrars one days and before the expiration of three months from the date of the certicate.

26 of 1951, s.

3, noticereferredtoinsection8ofthisAct,shall,uponbeingsatised 14 of 1961, Sch., byafdavitthat L.N.

2/1964, 26 of 1966, s.

3.

7 of 1975, Sch.

6 CAP.

150 Marriage [Rev.

2010 (a) one of the parties has been resident within his district for at leastfteendaysprecedingtheissueofthecerticate;and (b) each of the parties to the intended marriage (not being a widower or a widow) is eighteen years old, or that, if either party is under that age, the consent hereinafter made requisite has been obtained in writing and is annexed to suchafdavit;and (c)thereisnoimpedimentofkindredorafnityoranyother lawful hindrance to the marriage; and (d) neither of the parties to the intended marriage is married by African customary law or in accordance with Mohammedan law to any person other than the person with whom such marriage is proposed to be contracted, issuehiscerticateintheprescribedform.

(2)Theafdavitrequiredbysubsection(1)ofthissectionmay be sworn either before the registrar or before a magistrate.

(3)Theregistrarormagistratetakingsuchafdavitshallexplainto the person making the same what are the prohibited degrees of kindred andafnityandthepenaltieswhichmaybeincurredunderthisAct.

Marriage to take 12.

If the marriage does not take place within three months place within three after the date of the notice, the notice and all proceedings consequent months after notice.

thereupon shall void, and fresh notice must be given before the parties can lawfully marry.

Marriage facilities.

13.

(1) Where a marriage is intended to be solemnized or L.N.

2/1964.

contracted in Kenya between a British subject resident therein and a British subject resident in England, Scotland, Northern Ireland or the RepublicofIreland,acerticateformarriageissuedinEnglandbya superintendentregistraroracerticateformarriageissuedbyaregistrar oracerticateofproclamationofbanns,inScotland,oracerticatefor marriage issued by a registrar in Northern Ireland or the Republic of IrelandshallinKenyahavethesameeffectasacerticateformarriage issued by a registrar under section 11 of this Act (2) Where a marriage is intended to be solemnized or contracted in England, Scotland, Northern Ireland or the Republic of Ireland, as the case may be, between a British subject resident therein and a British subjectresidentinKenya,acerticateformarriagemaybeissuedbya registrar under section 11 of this Act in the like manner as if the marriage were to be solemnized or contracted under circumstances requiring theissueofsuchacerticateandasifbothsuchBritishsubjectswere resident in Kenya.

Rev.

2010] Marriage CAP.

150 7 (3)Forthepurposesofthissection,certicateformarriagein referencetocerticatesissuedinScotlandmeansacerticateofdue publication of notice of intention to marry.

14.

TheMinister,uponproofbeingmadetohimbyafdavitthat Minister may grant there is no lawful impediment to the proposed marriage, and that the licence to marry.

necessary consent, if any, to such marriage has been obtained, may, if 14 of 1961, Sch., hethinkst,dispensewiththegivingofnotice,andwiththeissueofthe L.N.

299/ 1956, L.N.

172/1960.

certicateoftheregistrar,andmaygranthislicence,whichshallbein the prescribed form, authorizing the celebration of a marriage between the parties named in such licence by a registrar, or by a recognized minister of some religious denomination or body.

15.

Any person who may know of any just cause why the Cavcat against marriage should not take place may enter a caveat against the issue of issueofcerticate.

theregistrarscerticate,bywritingatanytimebeforetheissuethereof the word forbidden, opposite to the entry of the notice in the marriage notice book, and appending thereto his name and place of abode, and the grounds upon or by reason of which he claims to forbid the issue ofthecerticate,andtheregistrarshallnotissuehiscerticateuntil such caveat is removed as hereinafter is provided.

16.

Wheneveracaveatisenteredagainsttheissueofacerticate, Reference to the registrar shall refer the matter to the Supreme Court, and that Court Supreme Court when shall thereupon summon the parties to the intended marriage, and the caveat entered.

person by whom the caveat is entered, and shall require the person by whom the caveat is entered to show cause why the registrar should not issuehiscerticate,andshallhearanddeterminethecaseinasummary way,andthedecisionoftheSupremeCourtshallbenal.

17.

(1)IftheSupremeCourtdecidesthatthecerticateought Removal of caveat.

to be issued, the judge shall remove the caveat by cancelling the word L.N.

2/1964.

forbidden in the marriage notice book in ink, and writing in such marriage notice book, immediately below such entry and cancellation, the words cancelled by order of the Supreme Court, and signing his name thereto.

(2)Theregistrarshallthenissuehiscerticateandthemarriage may proceed as if the caveat had not been entered, but the time that has elapsed between the entering and the removal of the caveat shall notbecomputedintheperiodofthreemonthsspeciedinsection11 of this Act.

18.

The High Court may award compensation and costs to the Compensation and costs.

partyinjured,ifitappearsthatacaveatwasenteredoninsufcient grounds.

8 CAP.

150 Marriage [Rev.

2010 Consent to marriage in Certain Cases neCessary Consent to marriage 19.

If either party to an intended marriage, not being a widower of minors.

or widow, is under eighteen years of age, no licence shall be granted 26 of 1951, s.

4, 7 of 1975, Sch.

orcerticateissuedunlessthereisproduced,annexedtotheafdavit referred to in section 11 of this Act, a written consent to the intended marriage signed by the person having the lawful custody of any such party.

Consent by person 20.

(1) If the person required to sign such consent is unable to unable to write or to write,orisinsufcientlyacquaintedwiththeEnglishlanguage,or understand English.

both, he shall sign such consent by placing his mark or cross thereto 14 of 1961, Sch.

in the presence of one of the following persons, namely, any judge, magistrate, justice of the peace, registrar of the Supreme Court, registrar ofmarriages,medicalofcerorministerofreligion.

(2) Such signature shall be attested by such person in the prescribed form.

Consent where 21.

If there is no person having the lawful custody of such party no parent or residing in Kenya and capable of consenting to the marriage, then, upon guardian capable of consenting.

beingsatisedafterdueinquirythatthemarriageisaproperone,any 26 of 1951, s.

5, of the following persons may consent in writing to such marriage, that L.N.

299/1956, is to say, the Minister, a judge of the Supreme Court or a registrar, and L.N.

172/1960, such consent shall be as effectual as if the person having the lawful L.N.

462/1963.

custody had consented.

Consent by Supreme 22.

If any person whose consent to a marriage is hereby required Court.

refuses his consent, the Supreme Court may, on application being made, consent to the marriage, and the consent of the Court so given shall have the same effect as if it had been given by the person whose consent is so required.

Celebration of marriage Conditions for 23.

Marriages may be celebrated in any licensed place of worship celebration of by any recognized minister of the church, denomination or body to which marriage.

such place of worship belongs and according to the rites and usages of marriage observed in such church, denomination or body, or with the consent of a recognized minister of the church, denomination or body to which such place of worship belongs by any recognized minister of any other church, denomination or body according to the rites and usages of marriage observed in the church, denomination or body to which such last mentioned recognized minister belongs, provided that the marriage is celebrated with open doors between the hours of 8 oclock in the forenoon and 6 oclock in the afternoon, and in the presence of Rev.

2010] Marriage CAP.

150 9 twoormorewitnessesbesidestheofciatingminister.

24.

A minister shall not celebrate any marriage if he knows of Marriage not to be any just impediment to such marriage, nor until the parties deliver to celebrated if impediment, nor himtheregistrarscerticateortheMinisterslicence.

without licence, etc.

25.

A minister shall not celebrate any marriage except in a Where minister may building which has been duly licensed by the Minister, or in such place celebrate marriage.

as the Ministers licence may direct.

L.N.

462 /1963.

26.

(1) The Registrar General shall cause to be printed and deliver Registrars, etc., to be to the several registrars, and to the recognized ministers of licensed provided with books placesofworship,booksofmarriagecerticatesinduplicateandwith ofcerticates.

counterfoils in the prescribed form.

26 of 1951, s.

6, 14 of 1961, Sch.

(2) Such books shall be kept by the several registrars and the recognized ministers for the time being of such places of worship, under lock and key, and shall be in custody of such registrars and ministers respectively.

27.

Immediately after the celebration of any marriage by a Entries be made in minister,theofciatingministershallllupinduplicatemarriage marriagecerticate.

14 of 1961, Sch.

certicatewiththeparticularsrequired,andshallstatealsoandenter inthecounterfoilthenumberofthecerticate,thedateofthemarriage, the names of parties and the names of the witnesses.

28.

(1)Thecerticateshallthenbesignedinduplicatebythe Signature of marriage ofciatingminister,bythepartiesandbytwoormorewitnessesto the marriage.

certicate.

(2) The minister, having also signed his name to the counterfoil, shallsevertheduplicatecerticatetherefrom,andheshalldeliver onecerticatetotheparties,andshallwithinsevendaysthereafter transmit the other to the registrar of marriages for the district in which themarriagetakesplace,whoshalllethesameinhisofce.

29.(1)Aftertheissueofacerticateundersection11orsection Marriage in 17, or of a licence under section 14, of this Act, the parties may, if registrarsofce.

theythinkt,contractamarriagebeforearegistrarinthepresenceof 26 of 1966, s.

4.

twowitnessesinhisofceorwithopendoors,betweenthehoursof 10 oclock in the forenoon and 4 oclock in the afternoon, and in the manner prescribed by subsection (2) of this section.

(2) (a)Theregistrar,afterproductiontohimofthecerticate or licence, shall, either directly or through an interpreter, address the parties thus 10 CAP.

150 Marriage [Rev.

2010 Do I understand that you A.B., and you C.D., come here for the purpose of becoming man and wife? (b)Ifthepartiesanswerintheafrmative,heshallproceed thus Know ye that by the public taking of each other as man and wife in my presence, and in the presence of the persons now here, and by the subsequent attestation thereof by signing your names to that effect, you become legally married to each other, although no rite of a civil or religious nature shall take place, and that this marriage cannot be dissolved during your lifetime, except by a valid judgment of divorce, and if either of you before the death of the other shall contract another marriage while this remains undissolved, you will be thereby guilty of bigamy, and liable to punishment for that offence.

(c) Each of the parties shall then say to the other I call upon all persons here present to witness that I, A.B., do take thee, C.D., to be my lawfu1 wife (or husband).

Signature of 30.Theregistrarshallthenllup,andheandthepartiesand certicateof marriage in witnessesshallsign,thecerticateofthemarriageinduplicate,and theregistrarshallthenllupandsignthecounterfoilashereinbefore registrarsofce.

prescribed in the case of a marriage by a minister, and shall deliver one certicatetothepartiesandshallletheotherinhisofce.

Marriage under 31.

Whenever the Ministers licence authorizes the celebration Ministers licence.

of marriage at a place other than a licensed place of worship, or the ofceofaregistrarofmarriages,theregistrarofthedistrictinwhich such marriage is intended to take place, upon the production of such licence,shalldelivertothepersonproducingthesameablankcerticate of marriage in duplicate, and the minister or registrar celebrating suchmarriageshallllupsuchcerticate,andobservestrictlyallthe formalities hereinbefore prescribed as to marriages in a licensed place ofworshiporregistrarsofce,asthecasemaybe.

registry and evidenCe of marriages 32.

(1) The registrar of marriages in each district shall forthwith Marriagecerticates to be registered.

14 of 1961, Sch.

registerinabook,tobekeptinhisofceforsuchpurposeandtobe calledthemarriageregisterbook,everycerticateofmarriage,which shallbeledinhisofce,accordingtotheprescribedform;andevery such entry shall be made in the order of date from the beginning to the end of the book, and every entry so made shall be dated on the day on which it is so entered, and shall be signed by the registrar, and such book shall be indexed in such manner as is best suited for easy reference thereto.

Rev.

2010] Marriage CAP.

150 11 (2) The registrar shall at all reasonable times allow searches to bemadeinthemarriageregisterbook,andshallgivecertiedcopies therefrom upon payment of the prescribed fee.

(3) Within ten days after the last day of each month, every registrar shallsendtotheRegistrarGeneralacertiedcopyofallentriesmade by him during the preceding month in the marriage register book of his district,andtheRegistrarGeneralshalllethesameinhisofce.

Correction of clerical 33.

The Registrar General, or any registrar authorized by the errors.

RegistrarGeneral,maycorrectanyclericalerrorinanycerticate 26 of 1951, s.

7.

ofmarriageledinhisofceorinanycertiedcopythereofupon productiontohimofthecerticatedeliveredtotheparties,andevery such correction shall be authenticated by the signature of the Registrar General or registrar, as the case may be, and the date of such correction shall be endorsed thereon.

34.

(1)The Registrar General shall cause indexes of all the Evidence of marriage.

saidcertiedcopiesofthemarriageregisterstobemadeandkeptin 14 of 1961, s.

2 and theRegistrarGeneralsofce,andeverypersonshallbeentitledto Sch., search the said indexes at any reasonable time and, on payment of the 26 of 1966, s.

5.

prescribedfee,shallbeentitledtohaveacertiedcopyofanyentry inthesaidcertiedcopiesoftheregisters;andallcertiedcopiesof entries purporting to be sealed or stamped with the seal of the Registrar General,andeverycerticateofmarriagewhichhasbeenledinthe ofceoftheregistrarofanydistrictoracopythereofpurportingto besignedandcertiedbytheregistrarofsuchdistrictforthetime being, and every entry in a marriage register book, shall be received as evidence of the marriage to which the same relates without any or other proof of such entry.

(2) The registers of marriages solemnized before the commencement of this Act in any church in Kenya shall be received in evidence of the marriages to which they relate; and a copy of any entry therein, sealed with the seal of the responsible church body and certiedunderthehandoftheregistraroranyotherproperofcerof that church body, shall be prima facie evidence of the entry from which the copy is made.

invalid marriages 35.

(1) No marriage in Kenya shall be valid which, if celebrated Marriages invalid in inEngland,wouldbenullandvoidonthegroundofkindredorafnity, ground of kindred or where either of the parties thereto at the time of the celebration of andafnityand such marriage is married by native law or custom to any person other other grounds.

than the person with whom such marriage is had.

14 of 1961, s.

3.

12 CAP.

150 Marriage [Rev.

2010 (2) A marriage shall be null and void if either party thereto is under the age of sixteen years at the time of the celebration of such marriage: Provided that nothing in this subsection shall affect any marriage celebrated before the commencement of this subsection.

(3) A marriage shall be null and void if both parties knowingly and willfully acquiesce in its celebration (a)inanyplaceotherthantheofceofaregistrarofmarriages or a licensed place of worship (except where authorized by the Ministers licence); or (b) under a false name or names; or (c)withouttheregistrarscerticateofnoticeorMinisters licence duly issued; or (d) by a person not being a recognized minister of some religious denomination or body, or a registrar of marriages.

(4) But no marriage shall, after celebration, be deemed invalid by reason that any provision of this Act other than the foregoing has not been complied with.

Marriage under this 36.

All marriages celebrated under this Act shall be good and Act valid.

valid in law to all intents and purposes.

Marriage under 37.

Any person who is married under this Act, or whose marriage native law or custom.

is declared by this Act to be valid, shall be incapable during the continuance of such marriage of contracting a valid marriage under any native law or custom, but, save as aforesaid, nothing in this Act contained shall affect the validity of any marriage contracted under or in accordance with any native law or custom, or in any manner apply to marriages so contracted.

marriages already Celebrated Certain existing 38.

Every marriage celebrated in Kenya before the 1st December, marriages validated.

1902, by any minister of any religious denomination or body, according to the rites in use by such religious denomination or body, shall be, and shall be deemed to have been from the time of the celebration thereof, a legal and valid marriage: Rev.

2010] Marriage CAP.

150 13 Provided that nothing herein contained shall legalize any marriage which has before that date been declared invalid by any competent court, nor any marriage either party to which had at the time of its celebration a lawful wife or husband living, nor any marriage which was void by reasonofkindredorafnity,orfraud,orincapacitytocontractmarriage; nor any marriage otherwise invalid, either party to which before the said date, and in the lifetime of the other party thereto, intermarried with any other person.

38A.

(1) Whenever any persons who are present in a foreign Foreign marriages of country or place desire to marry, and at least one of them is a citizen Kenya citizens.

of Kenya, one of them may sign and give to the registrar of the foreign country or place a notice in the prescribed form, and the provisions of section 8(2) of this Act shall apply in respect of such a notice.

(2) Where notice is given under subsection (1) of this section the other provisions of this Act shall apply accordingly so far as they are relevant (a reference to the registrar of a district being construed to include a reference to the registrar of a foreign country or place), and upon compliance with the formalities and conditions prescribed by this Act the marriage may be solemnized by the registrar in accordance with this Act: Provided that (i) in the application of section 21 of this Act to such a marriage that section shall be construed as if the words in the foreign country or place in which the marriage is intended to be solemnized were substituted for the words in Kenya; and (ii) sections 23, 24, and 25 of this Act shall not apply to such a marriage.

38B.

(1) If a citizen of Kenya desires to be married in a foreign country or place in accordance with the law of that country or place, Issueofcerticateof no impediment.

andheisrequiredbythatlawtoproduceacerticateofthekind hereinafter described, he may apply to the registrar in the prescribed formforacerticatethattheRegistrar-Generaldoesnotknowofany legal impediment to the proposed marriage.

(2) The registrar shall forward the application to the Registrar- General, who shall make full inquiry in regard to the applicant, and if the prescribed conditions have been complied with and if no such impedimenthasbeenshown,shallissuesuchacerticateasaforesaid to the registrar who shall thereupon deliver it to the applicant.

14 CAP.

150 Marriage [Rev.

2010 Registration of 38C.

Where, after the commencement of this Act, a marriage has marriages solemnized been solemnized in a foreign country or place in accordance with the under foreign law.

law of that country or place between two persons at least one of whom is a citizen of Kenya, and those persons attend personally before the registrar of that foreign country or place and (a)producetohimacerticateoforotherdocument evidencing the marriage issued under that law and (if it is not in the English language) a translation thereof into English, together with such additional particulars as are required in the case of a marriage in Kenya; and (b) satisfy him that the marriage was so solemnized, he may registerthecerticateofmarriageorotherdocumentinthe marriage register book in accordance with section 32(1) of this Act.

Provided that the registrar may dispense with the attendance of a party where in his opinion the circumstances justify it.

fees Fees.

39.

There shall be paid to the Registrar General or to a registrar, as the case may be, such fees as may be prescribed in respect of the several matters for which they are prescribed.

Remission of fees.

40.TheMinister,maywhensatisedofthepovertyoftheparties 14 of 1961, Sch., reduce the amount of the said fees, or remit them all together; and, if L.N.

299/1956, they have been paid, order their refund.

L.N.

172/1960, L.N.

462/1963, 21 of 1966, Sch., L.N.

299/1956, L.N.

172/1960.

41.

This Act shall not preclude a minister from receiving the fees Minister may receive ordinarily paid to a minister of his denomination for the celebration of customary fees.

marriage.

L.N.

2/1964.

offenCes and penalties Marriage with a 42.Whoever, being unmarried, goes through the ceremony of person previously marriage with a person whom he or she knows to be married to another married.

28 of 1961, Sch.

personshallbeliabletoimprisonmentforaperiodnotexceedingve years.

Making false 43.

Whoever,inanydeclaration,certicate,licence,documentor declarations, etc., statement by law to be made or issued for the purposes of a marriage, for marriage.

declares,enters,certiesorstatesanymaterialmatterwhichisfalse shall, if he does so without having taken reasonable means to ascertain Rev.

2010] Marriage CAP.

150 15 the truth or falsity of such matter, be guilty of an offence and liable to imprisonment for a term not exceeding one year, or shall, if he does so knowing that such matter is false, be guilty of an offence and liable to imprisonmentforatermnotexceedingveyears.

44.

Whoever endeavors to prevent a marriage by pretence that False pretence of his consent thereto is required by law, or that any person whose consent impediment to is so required does not consent, or that there is any legal impediment marriage.

to the performing of such marriage, shall, if he does so knowing that such pretence is false or without having reason to believe that it is true, be guilty of an offence and liable to imprisonment for a term not exceeding two years.

45.

Whoeverperformsorwitnessesasamarriageofcerthe Unlawfully ceremonyofmarriage,knowingthatheisnotdulyqualiedsoto performing marriage do, or that any of the matters required by law for the validity of such ceremony.

marriage has not happened or been performed, so that the marriage is void or unlawful on any ground, shall be guilty of an offence and liable toimprisonmentforatermnotexceedingveyears.

46.

Whoever,beingunderadutytollupthecerticateofa Wilful neglect of marriage celebrated by him, or the counterfoil thereof, or to transmit dutytollupor the same to the registrar of marriages, wilfully fails to perform such transmitcerticateof duty shall be guilty of an offence and liable to imprisonment for a term marriage.

not exceeding two years.

47.

Whoever personates any other person in marriage, or marries Personation in under a false name or description, with intent to deceive the other party marriage.

to the marriage shall be guilty of an offence and liable to imprisonment foratermnotexceedingveyears.

48.

Whoever goes through the ceremony of marriage, or any Fictitious marriage.

ceremony which he or she represents to be a ceremony of marriage, knowing that the marriage is void on any ground, and that the other person believes it to be valid, shall be guilty of an offence and liable toimprisonmentforatermnotexceedingveyears.

Contracting marriage 49.

Whoever contracts a marriage under this Act, being at the under this Act, when time married in accordance with native law or custom or in accordance already married by with Mohammedan law to any person other than the person with whom native law or custom.

such marriage is contracted, shall be guilty of an offence and liable to L.N.

2/1964.

imprisonmentforatermnotexceedingveyears.

50.

Whoever, having contracted marriage under this Act, during Contracting marriage the continuance of such marriage contracts a marriage in accordance by native law or with native law or custom shall be guilty of an offence and liable to custom when already married under this imprisonmentforatermnotexceedingveyears.

Act.

L.N.

2/1964.

16 CAP.

150 Marriage [Rev.

2010 rules Rules.

51.

The Minister may make rules for the better carrying into effect 14 of 1961, s.

5.

of the provisions of this Act, and, without prejudice to the generality of L.N.

2/1964.

the foregoing, may make rules prescribing the forms to be used and the feestobepaidinrespectofsuchmattersasmaybespeciedbythis Act or by such rules.

Rev.

2010] Marriage CAP.

150 17 [Subsidiary] SUBSIDIARY LEGISLATION Marriage Districts constituted under section 4G.N.

1424/1951, L.N.

195/1958, TheKiliDistrictformstwomarriagesdistricts,asfollows L.N.

260/1960, (a)theKiliDistrictexceptingtheMalindiSub-district; L.N.

462/1963.

(b) the Malindi Sub-district.

TheTaitaDistrictformstwomarriagedistricts,asfollows (a) the Taita District excepting the Taveta Sub-district; (b) the Taveta Sub-district.

Every other administrative district is a marriage district.

Rules under section 51 The Marriage rULeS L.N.

474/1961, 1.

These Rules may be cited as the Marriage Rules.

L.N.

462/1963, L.N.

184/1965, 2.

Every notice required to be given under section 8 of the Act shall be L.N.

269/1966, in Form No.

1 contained in the First Schedule to these Rules.

L.N.

124/1987, L.N.

245/1988, 3.

Where under the provisions of section 8 or section 20 of the Act L.N.

2/1964.

attestation is required, such attestation shall be in Form No.

2 contained in the First Schedule to these Rules.

4.Thecerticateoftheregisterrequiredtobeissuedundersubsection(1) of section 11 of the Act shall be in Form No.

3 contained in the First Schedule to these Rules.

5.

A licence granted under the provisions of section 14 of the Act shall be in Form No.

4 contained in the First Schedule to these Rules.

6.

The books required to be delivered to the several registrars and to the recognized ministers of licensed places of worship pursuant to the provisions of section 26 of the Act shall be in Form No.5 contained in the First Schedule to these Rules.

7.

The form according to which, under the provisions of sub-section (1) ofsection32oftheAct,everycerticateofmarriage,whichshallbeledin theofceofaregistrar,shallberegisteredinthemarriageregisterbook,shall be Form No.6 contained in the First Schedule to these Rules.

7A.Anapplicationforacerticateofnoimpedimenttomarriageshall be in form 7 in the First Schedule hereto.

18 CAP.

150 Marriage [Rev.

2010 [Subsidiary] 7B.Acerticateofnoimpedimenttomarriageshallbeinform8inthe First Schedule hereto.

8.ThefeesspeciedineachitemoftheSecondScheduletotheseRules shallbepayableforandinrespectofthematterspeciedinthatitem.

FirST ScheDULe FORM No.

1 (r.

2) Notice of Marriage To the Registrar of Marriages for the.

District of Kenya.

I hereby give you notice that a marriage is intended to be entered into within three months from the date hereof between me, the undersigned and the other party herein named at.

in Kenya.

Name Condition Occupation Age Residence Consent, if any, and by whomgiven Bridegroom Bachelor, widower Farmer (or as Mombasa (or Bride.

or divorced the case may as the case person.

be).

may be).

Spinster, widow or Typist (or as Nairobi (or as divorced person.

the case may the case may be).

be).

Witness my hand, this.

day of .,19.

Signature.

FORM No.

2 (r.3) Form of Attestation Signed by the said .at ., on the .dayof.,19.,thisnoticehavingbeenrstreadovertohim(her)(or, read over and truly interpreted to him (her) in the.

language) by.

He (She) seemed to understand the same and made his (her) mark thereto in my presence.

(Signed).(Designation).

Rev.

2010] Marriage CAP.

150 19 [Subsidiary] FORM No.

3 (r.

4) Registrars Certicate I, ., Registrar of Marriages for the.

.

District of Kenya, do hereby certify that on the.

day of .,19.

notice was duly entered in the marriage notice book of this district of the marriage intended between the parties herein named and described at.

in Kenya, such notice being; delivered under thehandof.oneoftheparties,thatistosay Name Condition Occupation Age Consent Residence Length of Residence A.B.

Bachelor, widower Farmer (or as Mombasa or divorced the case may (or as the person.

be).

case may C.D.

Spinster, widow or Typist (or as be).

divorced person.

the case may G.H.

the Nairobi (or be).

mother (or as the case as the case may be).

may be).

Date of notice entered, ., 19.

Dateofcerticategiven,.,19.

Nocaveathasbeenenteredagainsttheissueofthiscerticate;orAcaveatwasenteredagainst theissueofthiscerticateonthe.dayof.,19.,butithasbeencancelled.Witness my hand, this.

day of ., 19.

(Signed).

Registrar of Marriages.District.

NOTE.Thiscerticatewillbevoidunlessthemarriageissolemnizedonorbeforethe.

day of ., 19.

FORM No.

4 (r.

5) Special Licence Whereas A.B.

of.

being* .and C.D.

of.

.being*.desiretointermarry,andsufcientcausehasbeen shown to me why the preliminaries required by the Marriage Act should be dispensed with: Now, therefore in pursuance of the said Act, I do dispense with the giving of notice and the issueofthecerticatetherebyprescribed,anddoherebyauthorizeanyregistrarofmarriages,or recognized minister of some religious denomination or body, to celebrate marriage between the said A.B.

and C.D., at ( place of celebration), within.

days from the date hereof.

20 CAP.

150 Marriage [Rev.

2010 [Subsidiary] Such marriage may be celebrated by a registrar of marriages between the hours of 10 oclock in the forenoon and 4 oclock in the afternoon, or by such recognized minister between the hours of 8 oclock in the forenoon and 6 oclock in the afternoon.

Given under my hand, this.

day of ., 19.

(Signed).

*Insert condition.

FORM No.

5 (r.

6) Certicate of Marriage No.

MARRIAGE solemnized at.

in the .District of the.

.

Province of Kenya.

When Name and Age Condition Occupation Residence Fathers Fathers married.

surname at time of name and occupation marriage surname byRegistrarsCerticate Married in the ._ by (or before ) me.

by Licence This Marriage.

in the presence.

was solemnized.

of us.

between Rev.

2010] Marriage CAP.

150 21 [Subsidiary] FORM No.

6 (r.

7) Marriage Register Book No.

MARRIAGE solemnized at.

in the.

District of the .region of Kenya.

When Name and Age Condi- Occupa- Residence Fathers Fathers married surname tion tion at time of name and occupation marriage surname byRegistrarsCerticate Married in the ._ by.

by Special License This Marriage was.

in the presence.

solemnized between.

of.

Entered this.

day of ., 19.

at the District Registry of Marriages at.

.

Registrar.

FORM No.7 LN.

26/1966.

APPLICATION FOR CERTIFICATE OF NO IMPEDIMENT TO MARRIAGE To the Registrar of Marriages for.

WHEREAS I wish to marry.

full name of other party at.

in.

name of foreign country or place on the.

19.

22 CAP.

150 Marriage [Rev.

2010 [Subsidiary] NOWIherebyapplyforthecerticateoftheRegistrar-Generalthatheis not aware of any legal impediment to the intended marriage.

AND I hereby declare that I am not already married to any person whether under customary law or otherwise howsoever.

Myparticularsareasfollows 1.

Surname.

2.

Christian Name or Forename.

3.

Country and Place of Birth giving where applicable sub- location, location and district.

4.

Date of Birth.

5.

Fathers full Name and Address giving where applicable sub-location, location and district.

6.

Sex.

7.

Race.

8.

Religion.

9.

Last Residence in Kenya.

10.

Occupation.

I1.

Condition, e.g., bachelor, widower, divorced person Witness my hand, this.

day of.

19.

(Signed).

LN.

26/1966.

FORM No.

8 CERTIFICATE OF NO IMPEDIMENT TO MARRIAGE I,.

Registrar-General of Marriages for the Republic of Kenya, having made full inquiry in regard to.

(hereinafter called the applicant), formerly residing at.

.

HEREBY CERTIFY that I am not aware of any legal impediment to the intended marriage of the applicant to.

on the grounds ofexistingmarriage,kindred,afnityorage.

Dated at Nairobi this.

day of.

19.

.

Registrar-General Rev.

2010] Marriage CAP.

150 23 [Subsidiary] SECOND SCHEDULE (r.

8) L.N.

124/1967, L.

N.

316/1974, Kshs.

L.N.

87/2003.

1.Forlingeverynoticeofmarriageandenteringthe same.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

200 2.Onissueofaregistrarscerticateundersection11 of the Act.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

200 3.Onissueofeachcerticateofmarriageatthetime of marriage.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

200 4.Onissueofeachcertiedcopyofacerticateof marriage or entry in a marriage register.

.

.

.

.

.

.

.

.

.

.

.

200 5.

For inspection of a register.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

100 6.

On celebration of every marriage in registrars ofce.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

1,000 7.

On celebration of a marriage by a registrar elsewherethaninhisofce.5,000 8.

On grant of a licence under section 14 of the Act.

.

.

.

.

.

.

5,000 9.Onapplicationforacerticateofnoimpediment.5,000 10.

For authenticating the seal of the Registrar-General by the Attorney-General.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

1,500.

Frequently asked questions

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