Registration of Marriage in Kenya

Registration of Marriage in Kenya: A Comprehensive Guide

The marriage registration process in Kenya is governed by the Marriage Act of 2014, which defines legal marriage types and outlines the necessary procedures and documentation.

Types of Marriages in Kenya

The Marriage Act recognizes various types of marriages that can be legally registered in Kenya:

1. Civil Marriage: Conducted at the Attorney General’s office or at licensed places and officiated by a government-appointed registrar.
2. Christian Marriage: Performed in a church with an ordained minister authorized to officiate marriages.
3. Hindu Marriage: Conducted according to Hindu rites, often performed in a temple by a Hindu priest.
4. Islamic Marriage: Conducted according to Islamic law, usually overseen by an imam.
5. Customary Marriage: Conducted based on the customs of a particular community in Kenya.

Each marriage type has specific requirements and recognition under the law.

Who Can Get Married in Kenya?

Marriage in Kenya can be entered into by:

• Two Kenyans: Both parties are Kenyan citizens.
• A Kenyan and a Foreign National: One party is a Kenyan citizen, and the other is a foreigner.
• Two Foreign Nationals: Both parties are non-Kenyans but wish to get married in Kenya.

Regardless of citizenship, couples must comply with the legal procedures and requirements for marriage registration in Kenya.

Marriage Registration Methods

In Kenya, there are two main methods for marriage registration:

1. Notice of Marriage

This is the most common process for marriage registration, where parties intending to marry give notice to the Registrar of Marriages. Key steps include:

• Submission of Notice: A 21-day notice of marriage is filed at the Registrar’s office. During this period, the notice is publicly displayed, allowing anyone with a valid objection to come forward.
• Marriage Date Selection: After the 21-day waiting period, couples can book a date for their marriage ceremony, either at the Registrar’s office or an approved location.

This standard notice procedure is typically used by Kenyan nationals and may also apply to some foreign nationals marrying in Kenya.

2. Special Licence for Marriage

A special licence allows couples to bypass the 21-day notice period under certain conditions. This may be used in cases where time is of the essence, such as for foreign nationals or when unforeseen circumstances prevent the couple from waiting. The application must be made directly to the Registrar of Marriages and is subject to the Registrar’s discretion.

Requirements for a Special License:

• Proof of identity (passport or national ID for both parties).
• Completed affidavits affirming that both parties are single and eligible to marry.
• Payment of the special licence fee, which may vary based on circumstances.

Requirements for a Marriage License

To obtain a marriage license in Kenya, the following documents are typically required:

• Valid Identification: Kenyan national ID or passport for both parties.
• Passport Photographs: Recent passport-sized photographs of both individuals.
• Proof of Residence: If either party is not Kenyan, they may need proof of residence or a visitor’s permit.
• Affidavit of Single Status: A sworn affidavit confirming that each party is not married to anyone else.

These requirements may vary slightly depending on the marriage type and whether the marriage involves foreign nationals.

Marriage Certificate and Legalization

Once the marriage has been conducted, the Registrar issues a Certificate of Marriage to formally document the union. This certificate is proof of the marriage under Kenyan law.

Steps for Certificate Processing:

1. Sign the Certificate of Marriage: The marriage officiant, witnesses, and the couple must all sign the certificate, which is then recorded in the marriage register.
2. Certified Copy of Marriage Certificate: An authenticated copy can be applied for and legalized for those needing to use the certificate abroad. This may involve additional fees and documentation, especially for international use.

Important Considerations

The Registrar of Marriages has discretion over all documentation related to marriage registration. Any additional documentation or special requirements are subject to the Registrar’s approval. Couples are advised to obtain any necessary documents early and adhere to any specific guidelines provided by the Registrar’s Office.

For assistance with the application process or any marriage documentation, feel free to contact us  info@swkadvocates.com.