A marriage celebrated under customary law or islamic law is presumed to be polygamous or potentially. Kenyas national land policy, developed through a multiyear consultative. Securing your union under the marriage act lillian aluangadelvaux 24th may 2014 00. An act of parliament to amend and consolidate the various laws relating to marriage and divorce and for. Recognition of foreign marriages as civil marriages in kenya. 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. The act demands that couples married under customary marriage register their marriage at the office of attorney general. If you are planning to get married, you need to familiarise yourself with provisions in.
Parties to a marriage have equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage. The law replaces various other laws which have been at the moment repealed they include. Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union, kenyatta said in a statement. Cessation of application of married women property act. Guidance on all marriages solemnized under the marriage act 4 of 2014. President kenyatta assents to marriage and heroes bills nairobi, 29 april, 2014 pscu president uhuru kenyatta has signed into law the marriage bill 2014. These rules were effected by gazette notice number 5345 issued on the 9th june 2017. Comewestay marriages post the 2014 marriage actrecent. Download marriage bill, 20 in pdf kenya law reform.
In kenya the institutions of marriage and succession are closely intertwined. Short title this act may be cited as the law of succession act. Indeed until july 1, 1981 when the law of succession act cap. The constitution of kenya 2010 expressly provides for the protection of the family and equality of marriage. The act seeks to consolidate existing marriage laws into a single act currently seven. Civil, christian, customary, hindu and islamic marriages. Page 1 of 18 28 february 1964 26 march 1968 this version applied as from 28 february 1964 to 26 march 1968, i. In this act, unless the context otherwise requirespolygamy means the state or practice of a man having more than one wifesimultaneously. May 2, 2014 on april 29, 2014, president uhuru kenyatta of kenya signed into law the marriage bill, 2014, a comprehensive law. 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.
Marriage act an act to make provisions for the celebration of marriages. Mohammedan marriage and divorce registration act 1906mohammedan marriage, divorce and succession act 1920. The matrimonial causes act 2 of 1989, 30 of 2005 lst february, 1989. The kenyan marriage act 2014, will it survive the courts. A christian, hindu or civil marriage is monogamous. 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. Kenya is governed by the marriage customary marriage rules, 2017, under the marriage act. 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.
Getting married in kenya state law office and department. These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. 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. 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. The gazette notice required that all customary marriages be registered from the 1st of august 2017.
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 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. 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. In this act, unless the context otherwise requires 1. The marriage law had the intention of bringing together the various existing laws existing in the country into one coherent legal document. You can optionally provide a password to protect this file.
The following documents are required to register any of the mentioned marriages. 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. In 2014, parliament enacted the marriage act which provides for registration of all. Marriage act 4 years ago admin laws and acts governing the system. Jurisdiction in proceedings relating to same sex marriages. 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.
Below is a brief overview of key pieces of legislation related to land. Where a kenyan wishes to celebrate a marriage outside kenya and where that kenyan is required to obtain a certificate of no impediment. Comprehensive marriage law enacted global legal monitor. Contracting marriage under this act when married in african customary law or contracting marriage in african customary law when married under this act 39. The new marriage act 2014 has emphasized on the registration of marriage including customary marriage which is potentially polygamous.
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. Application for registration 1 where a marriage is contracted under customary law, either party to the marriage or both parties. The marriage act, 2014 attempts to harmonize or at least consolidate the fractious family law systems of kenya. Part one is preliminary while part two bears the general provisions. The marriage act 2014 recognises four types of marriages. For more of this and other stories, grab your copy of the standard newspaper. Eight kadhis courts in kenya, presided over by chief kadhi or a kadhi appointed by judicial services commission. The countertrafficking in persons act 2010, the prohibition of. 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. Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the act. Short title this act may be cited as the marriage act. 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. How to contact the registrar of marriages, nairobi, kenya. Short title this act may be cited as the matrimonial property act, 20. Issuance of certificates of no impediment to marry for kenyan nationals. Kenyas the marriage act 2014 is free app providing detail sectionwise and chapterwise information of the marriage act 2014 of kenya. 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. Act, and national land commission act, others, such as a law on community land, are yet to be finalized. But the unique identities of these systems persist.
Registration of customary marriages in kenya under gazette notice number 5345 on 9th june 2017. Meaning of marriage and related expressions in enactments and documents. 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. Marriage bill, 20 kenya law reform commission klrc. Signature of notice by person unable to write or to understand english. Lesbian, gay, bisexual, and transgender lgbt persons in kenya face legal challenges not experienced by nonlgbt residents. 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. False pretences in connection with consent to marriage 42. For more pls visit here on 28th april 2014 president kenyatta signed the marriage bill into law. The marriage act, 2014 recognizes five 5 systems of marriage, namely.
629 228 122 723 287 1321 1052 1096 1275 1477 1250 677 1046 1485 1307 72 840 541 758 738 266 817 1316 440 1468 1343 437 215 536 867 455 1179 410 21 604 1382 629 990 1253 506 1373