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FAMILY LAW IN KENYA MARRIAGE STATUTORY MARRIAGE A) CIVIL MARRIAGE This marriage is based on law.

. (Marriage Act Chapter 150). This may be conducted at the registrar of marriages (R.O.M) at the Attorney general Chambers. Or the District Commissioners office (D.C). This marriage is monogamous (you can only get married to one person) Getting Married in the Office of the D.C. or (R.O.M) The parties go the D.C. or the R.O. M. and register their intention to get married. The D.C./R.o.M. issues a notice of intended marriage and displays it outside his door. Anyone who objects should inform the D.C./R.O.M. in writing within 21 days. After 21 days the D.C./R.O.M issues a certificate allowing the marriage. After that, and within three months of the notice, the ceremony is conducted by the D.C./R.O.M., and is witnessed by two persons. The couple pay a fee and are given a marriage certificate. B) CHRISTIAN MARRIAGE This is governed by the African Christian Marriage and Divorce Act. Chapter 151 A Church minister conducts the ceremony which is monogamous in nature. The parties go to the church and inform the priest/pastor that they want to get married. Their application is written in a Register kept by the Church. The intention to get married is announced on three occasions in Church. Anyone who objects to the marriage should tell the priest/pastor. After 21 days the marriage ceremony can be conducted by the priest/pastor, and must be witnessed by two persons. The newly wed couple are given a marriage certificate. Note. The couple must not be blood relatives (first or second cousins). Once married, neither party is allowed to marry someone else. If they do, they are committing bigamy, which is a criminal offence and can be punished with a jail sentence of up to five years C) ISLAMIC AND HINDU MARRIAGE Such marriages are governed by Islamic and Hindu law respectively. In both cases the couple receive a marriage certificate, which makes their marriages legally valid. Polygamy is allowed under Islam, but not under Hindu law. 2. CUSTOMARY MARRIAGE This is governed by the customs and traditions of the different communities in Kenya. All the requirements of the customary marriage must be fulfilled for the marriage to be valid

Customary marriages are legally valid in Kenya, and each community or tribe has its own laws and requirements, e.g. Ngurario for Kikuyus or Mbui Sya Ntheo among Kambas along other practices, which accompany these. Polygamy (having more than one wife) is allowed, but the husband should seek the consent of the first wife. He must be able to maintain and support each wife and their children. A customary marriage can be converted into a statutory marriage (see above) under the African Christian Marriage and Divorce Act, by following the procedure set out above. If the man is married to more than one woman, the other wives can object to this, as it would make their marriages legally invalid. If there is any conflict between customary law and statutory law, statutory law overrules customary law. COME WE STAY MARRIAGES These are situations where a man and a woman are living together as husband and wife, but have not taken any official steps as described above. Such relationships are legally unsafe , and getting the Court to recognise them as marriages can be expensive and time-consuming. The Court will normally make a presumption of marriage if the couple are living together in one household, and have done so for some time, have children, and are not legally married to someone else. NOTE - IF A MAN GETS A WOMAN PREGNANT, THE COURT WILL NOT AUTOMATICALLY PRESUME A MARRIAGE. THE COURT WILL STILL CONSIDER THE LENGTH OF RELATIONSHIP, AND WHETHER THE COUPLE HAVE A SHARED HOUSEHOLD BEFORE DECIDING THAT THERE IS A MARRIAGE. AN AFFIDAVIT SIGNED BY BOTH PARTIES STATING THAT THEY ARE MARRIED IS NOT A MARRIAGE CERTIFICATE, AND IS NOT BY ITSELF LEGAL PROOF OF MARRIAGE

Check out is your marriage legal? if you are a married Christian and have not made your customary marriage statutory, you are advised to do so. You will be better placed in terms of legal issues it also closes the door for polygamy

Any legal questions? Invite the Kenya Christian Lawyers to your community. Kenya Christian Lawyers fellowship E-mail- kclf-clearnairobi Tel: 246294

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