Blog

Marriage Act Kenya 2018 Act Cap 150

By  | 

The Marriage Act, 2014 recognizes Five (5) systems of marriage, namely: Civil, Christian, Customary, Hindu and Islamic marriages. The following documents are required to register any of the mentioned marriages.

➢ These are conducted in the Registrar of Marriages, Deputy County Commissioners or Assistant County Commissioners offices;

➢ They can be conducted through Notice or by Special license,
Notice is where both parties are Kenyan nationals and it involves the placing of a 21 days Marriage notice before the Marriage takes place
Special license is necessary where:
➢ Any of the parties is a foreign national;
➢ Both parties are foreign nationals;
➢ Marriage outside a licensed place;
➢ Parties unable to give a 21 days’ notice.

➢ They are monogamous in Nature

A. REQUIREMENTS FOR CIVIL MARRIAGE BY NOTICE: (KENYANS ONLY)
• Both parties to appear before the Registrar’s to fill a Notice form;
• Valid I.D’s/Passports are required (Copy and original);
• Colored Passport size photos;
• Death certificate if widowed or divorce decree absolute if divorced;
• In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status;
• Fee, Kshs. 3,900.00.

B. REQUIREMENTS FOR CIVIL MARRIAGE BY SPECIAL LICENSE
i. Where both parties are Kenyan nationals
• Valid I.D’s or Passports (Copy and original)
• Birth certificates (Copy and original)
• Proof of no impediment to marriage through:

➢ Affidavits to state marital status: Separate Affidavits if single or joint affidavit if married under customary law;
➢ Death Certificate (In the case of widowed persons): Copy and original;
➢ Divorce Decree Absolute. (In the case of divorced persons indicating current status): Copy and original;
➢ In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status.
• A documented reason to show proof that you do not have time to give a 21-day notice;
• Colored passport size photos;

• BOTH PARTIES TO APPEAR before the Registrar when applying;
• Fee is Kshs. 9,700.00 if wedding is being conducted in the Registrar’s office and Kshs. 16,700.00 if the wedding will take place in a garden.

ii. Where One Party is a Kenyan National and the Other a Foreign National
i. Kenyan National
• Valid I.D’s or Passports (Copy and original);
• Birth certificate (Copy and original);
• Proof of no impediment to marriage through:
➢ Affidavit to state marital status for the Kenyan National;
➢ Death Certificate (In the case of widowed persons); Copy and original;
➢ Divorce Decree Absolute. (In the case of divorced persons indicating current status); Copy and original;
➢ In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status.
• Colored passport size photos;
• A documented reason to show proof that you do not have time to give a 21-day notice.

ii. Foreign National
• Valid passport (Copies and Original)
• Birth Certificate (Copies and Original)
• Passport size photo (Coloured)
• Proof of no impediment to marriage through:
➢ A Certificate of No Impediment to Marriage.
➢ Death Certificate. (In the case of widowed person)- or

➢ Divorce Decree Absolute. (In the case of divorce person indicating current status)- Copy and original
➢ In the event the Divorce certificate is more than a year old or a death certificate that is more than 2 years old, a Certificate of No Impediment to Marriage
• Return air ticket/visa/work permit.

• BOTH PARTIES TO APPEAR before the Registrar when applying;
• Fee is Kshs. 9,700.00 if wedding is being conducted in the Registrar’s office and Kshs. 16,700.00 if the wedding takes places in a garden.

iii. Where Both Parties Are Foreign Nationals
• Valid passports (Copies and Original);
• Passport size photos (Coloured);
• Birth certificates (Copies and Original)
• Prove of no impediment to marriage through:
➢ Certificates of No Impediment to Marriage.
➢ Death Certificate. (In the case of widowed person)- Copy and original
➢ Divorce Decree Absolute/Decree Nisi. (In the case of divorce person indicating current status)- Copy and original
➢ In the event the Divorce decree is more than a year old or a death certificate that is more than 2 years old, a Certificate of No Impediment to Marriage
• Return air ticket./Visa/Work permit

• BOTH PARTIES TO APPEAR before the Registrar when applying
• Fee is Kshs. 9,700.00 if wedding is being conducted in the Registrar’s office and Kshs. 16,700.00 if the wedding takes places in a garden

iv. Marriage by Refugees:
• Must have a valid UNHCR Refugee Mandate or Alien Card
• To swear an Affidavit to confirm marital status if applying for a special license.


2. CHRISTIAN MARRIAGES

➢ Monogamous in nature;

➢ They can be conducted through Notice or by Special license;

Notice is where both parties are Kenyan nationals and it involves the placing of a 21 days Marriage notice before the Marriage takes place.
Special license is necessary where:
➢ Any of the parties is a foreign national
➢ Both parties are foreign nationals
➢ Marriage outside a licensed place
➢ Parties unable to give a 21 days’ notice

A. CHRISTIAN MARRIAGES BY NOTICE
• Both parties to appear before the Registrar’s to fill a Notice form;
• Valid I.D’s/Passports are required (Copy and original);
• Colored Passport size photos;
• Death certificate if widowed or divorce decree absolute if divorced;
• In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status;
• Fee Kshs. 1,400.00;
• Copy of license of the Minister of Faith to officiate and serial number of the marriage book to be used;
• Wedding invitation card.

B. CHRISTIAN MARRIAGES BY SPECIAL LICENSE
i. Where Both Parties Are Kenyan Nationals
• Valid I.D’s or Passports (Copy and original)
• Birth certificates (Copy and original)
• Proof of no impediment to marriage through:
➢ Affidavits to state marital status: Separate Affidavits if single or joint affidavit if married under customary law
➢ Death Certificate (In the case of widowed persons): Copy and original
➢ Divorce Decree Absolute. (In the case of divorced persons indicating current status): Copy and original
➢ In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status
• Colored passport size photos
• A documented reason to show proof that you do not have time to give a 21-day notice
• Copy of Minister of Faith’s license to officiate and serial number of the marriage book to be used
• Wedding invitation card

• BOTH PARTIES TO APPEAR before the Registrar when applying
• Fee is Kshs. 7,200.00 if wedding is being conducted in a licensed place of worship and Kshs. 14,200.00 if the wedding takes places in a garden
• If parties had placed a Notice of marriage with intent to celebrate their marriage in a garden, the fee shall be Kshs. 7,200.00.

ii. Where One Party is a Kenyan National and the Other a Foreign National
• Valid I.D’s or Passports (Copy and original)
• Birth certificate (Copy and original)
• Proof of no impediment to marriage through:
➢ Affidavit to state marital status for the Kenyan National
➢ Death Certificate (In the case of widowed persons): Copy and original
➢ Divorce Decree Absolute. (In the case of divorced persons indicating current status): Copy and original
➢ In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status
• Colored passport size photos
• A documented reason to show proof that you do not have time to give a 21-day notice

Foreign National
• Valid passport (Copies and Original)
• Birth Certificate (Copies and Original)
• Passport size photo (Coloured)
• Proof of no impediment to marriage through:
➢ A Certificate of No Impediment to Marriage.
➢ Death Certificate. (In the case of widowed person) or
➢ Divorce Decree Absolute. (In the case of divorce person indicating current status); Copy and original
➢ In the event the Divorce certificate is more than a year old or a death certificate that is more than 2 years old, a Certificate of No Impediment to Marriage

• Return air ticket/visa/work permit.
• Copy of Minister of Faith’s license to officiate and serial number of the marriage book to be used
• Wedding invitation card

• BOTH PARTIES TO APPEAR before the Registrar when applying
• Fee is Kshs. 14,200.00 if wedding is being conducted in a licensed place of worship and Kshs. 21,200.00 if the wedding takes place in a garden.

iii. Where Both Parties are Foreign Nationals
• Valid passports (Copies and Original)
• Passport size photos (Coloured).
• Birth certificates (Copies and Original)
• Prove of no impediment to marriage through:
➢ Certificates of No Impediment to Marriage.
➢ Death Certificate. (In the case of widowed person)- Copy and original
➢ Divorce Decree Absolute/Decree Nisi. (In the case of divorce person indicating current status)- Copy and original
➢ In the event the Divorce decree is more than a year old or a death certificate that is more than 2 years old, a Certificate of No Impediment to Marriage
• Return air ticket/Visa/Work permit
• Copy of Minister of Faith’s license to officiate and serial number of the marriage book to be used
• Wedding invitation card

• BOTH PARTIES TO APPEAR before the Registrar when applying
• Fee is Kshs. 14,200.00 if wedding is being conducted in a licensed place of worship and Kshs. 21,200.00 if the wedding takes place in a garden.


3. HINDU MARRIAGES

➢ Monogamous in nature

➢ They can be conducted through Notice or by Special license

Notice is where both parties are Kenyan nationals and it involves the placing of a 21 days Marriage notice before the Marriage takes place
Special license is necessary where:
➢ Any of the parties is a foreign national
➢ Both parties are foreign nationals
➢ Marriage outside a licensed place
➢ Parties unable to give a 21 days’ notice

A. HINDU MARRIAGES BY NOTICE
• Both parties to appear before the Registrar’s to fill a Notice form;
• Valid I.D’s/Passports are required (Copy and original);
• Colored Passport size photos;
• Death certificate if widowed or divorce decree absolute if divorced;
• In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status
• Fee Kshs. 1,400.00;
• Copy of license of the Minister of Faith to officiate and serial number of the marriage book to be used
• Wedding invitation card

B. HINDU MARRIAGES BY SPECIAL LICENSE
i. Where Both Parties are Kenyan Nationals
• Valid I.D’s or Passports (Copy and original)
• Birth certificates (Copy and original)
• Proof of no impediment to marriage through:
➢ Affidavits to state marital status: Separate Affidavits if single or joint affidavit if married under customary law;
➢ Death Certificate (In the case of widowed persons); Copy and original;
➢ Divorce Decree Absolute. (In the case of divorced persons indicating current status); Copy and original;
➢ In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status
• Colored passport size photos;
• A documented reason to show proof that you do not have time to give a 21-day notice

• Copy of Minister of Faith’s license to officiate and serial number of the marriage book to be used
• Wedding invitation card

• BOTH PARTIES TO APPEAR before the Registrar when applying
• Fee is Kshs. 7,200.00 if wedding is being conducted in a licensed place of worship and Kshs. 14,200.00 if the wedding takes in a garden;
• If parties had placed a Notice of marriage with intent to celebrate their marriage in a garden, the fee shall be Kshs. 7,200.00.

ii. Where One Party Is A Kenyan National And The Other A Foreign National
• Valid I.D’s or Passports (Copy and original);
• Birth certificate (Copy and original);
• Proof of no impediment to marriage through:
➢ Affidavit to state marital status for the Kenyan National
➢ Death Certificate (In the case of widowed persons): Copy and original
➢ Divorce Decree Absolute. (In the case of divorced persons indicating current status): Copy and original;
➢ In the event the Divorce decree is more than a year old or a death certificate is more than 2 years old, an Affidavit to confirm marital status.
• Colored passport size photos;
• A documented reason to show proof that you do not have time to give a 21-day notice.

Foreign National
• Valid passport (Copies and Original);
• Birth Certificate (Copies and Original);
• Passport size photo (Coloured);
• Proof of no impediment to marriage through:
➢ A Certificate of No Impediment to Marriage.
➢ Death Certificate. (In the case of widowed person) or
➢ Divorce Decree Absolute. (In the case of divorce person indicating current status): Copy and original;
➢ In the event the Divorce certificate is more than a year old or a death certificate that is more than 2 years old, a Certificate of No Impediment to Marriage
• Return air ticket/visa/work permit.
• Copy of Minister of Faith’s license to officiate and serial number of the marriage book to be used
• Wedding invitation card

• BOTH PARTIES TO APPEAR before the Registrar when applying
• Fee is Kshs. 14,200.00 if wedding is being conducted in a licensed place of worship and Kshs. 21,200.00 if the wedding takes place in a garden.

iii. Where Both Parties Are Foreign Nationals
• Valid passports (Copies and Original)
• Passport size photos (Coloured).
• Birth certificates (Copies and Original)
• Prove of no impediment to marriage through:
➢ Certificates of No Impediment to Marriage.
➢ Death Certificate. (In the case of widowed person)- Copy and original
➢ Divorce Decree Absolute/Decree Nisi. (In the case of divorce person indicating current status)- Copy and original
➢ In the event the Divorce decree is more than a year old or a death certificate that is more than 2 years old, a Certificate of No Impediment to Marriage
• Return air ticket/Visa/Work permit
• Copy of Minister of Faith’s license to officiate and serial number of the marriage book to be used
• Wedding invitation card

• BOTH PARTIES TO APPEAR before the Registrar when applying
• Fee is Kshs. 14,200.00 if wedding is being conducted in a licensed place of worship and Kshs. 21,200.00 if the wedding takes in a garden.

iv. Marriage By Refugees:
• Must have a valid UNHCR Refugee Mandate or Alien Card
• To swear an Affidavit to confirm marital status if applying for a special license

C. Registration of Already Existing Hindu Marriages
• Certified copy of the Marriage Certificate issued under Cap 157 (Certification to be done by the Hindu Council or the Sikh Supreme Council)
• Forwarding letter from the Hindu Council of Kenya or the Sikh Supreme Council
• Letter from the Temple confirming that the marriage took place
• Identification documents (Valid Passports or IDs)
• Certificate of Registration as a Citizen of Kenya where needed (Kenyan citizen born in India)
• IF a holder of an Indian passport, either a CERTIFICATE OF NO IMPEDIMENT or a LETTER OF SURRENDERING OF PASSPORT to Indian High Commission
• Coloured Passport Photo (1 each)
• Pay Kshs. 3,900.00 and a date is given per our diary

• Registration of Hindu marriages started on 1st August 2017 and is being piloted in Nairobi ONLY before being rolled out to our regional offices.


4. CUSTOMARY MARRIAGE

➢ Celebrated in accordance with the customs of one or both of the communities of the parties

➢ Polygamous or potentially polygamous

➢ Grouped into two, namely: Existing or new marriages

A. REGISTRATION OF AN EXISITING CUSTOMARY MARRIAGE
• BOTH PARTIES MUST BE PRESENT at the office of the Registrar of Marriages;
• Avail valid I.D’s/passports (original and copy);
• 1 coloured passport photo each;
• At the time of registration, the parties MUST NOT have entered into either a CIVIL or a CHRISTIAN marriage;
• The registration of a customary marriage is ONLY APPLICABLE to Kenyans who have contracted African customary marriage rites;
• Fee payable is Kshs. 3,900.00.

B. REGISTRATION OF NEW CUSTOMARY MARRIAGES
• BOTH PARTIES MUST APPEAR before the Registrar to place a notice within 3 months after completion of the necessary steps to confer husband wife status
• Registration to be done within 6 months from the date of marriage
• Avail valid I.D’s/passport (original and copy)
• 1 coloured passport photo each
• At the time of registration, the parties MUST NOT have entered into either a CIVIL or a CHRISTIAN marriage.
• The registration of a customary marriage is only applicable to Kenyans who have contracted African customary marriage rites
• Fee payable is Kshs. 3,900.00.

• Registration of Customary marriages started on 1st August 2017 and is being piloted in Nairobi ONLY before being rolled out to our regional offices.


5. MUSLIM MARRIAGES

The registration of Islamic marriages is governed by the Marriage Act, 2014. Rules for registration of Islamic marriages were gazzetted in December 2017 and the office is in the process of printing certificates and other forms before rolling out.

NOTES
1. TRANSLATION
Any document in a language other than English MUST be translated and verified as true translation by the Respective Embassies
2. ISSUANCE OF A CERTIFIED COPY OF AN ENTRY OF MARRIAGE
After a marriage has been celebrated, the Registrar of Marriages is mandated to register the said marriage if satisfied that the marriage was celebrated in compliance with the provisions of the Marriage Act, 2014.
3. ALL MARRIAGE CERTIFICATES ARE CERTIFIED CENTRALLY AT THE NAIROBI OFFICE BEFORE BEING TRANSMITTED TO THE MINISTRY OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE FOR AUTHENTICATION. THE COST OF A CERTIFIED COPY IS KSHS. 1,100.00 AND IT TAKES 7 DAYS TO PROCESS.

CONTACT ADDRESS

REGISTRAR OF MARRIAGES,
GROUND FLOOR,
SHERIA HOUSE, HARAMBEE AVENUE,
P.O. BOX 40112, 00100, NAIROBI, KENYA.

TEL NO. +254-20- 2227461-9/ 2251355/ 0700-072929/ 0732- 529995

EMAIL ADDRESS: ag@ag.go.ke/ info@ag.go.ke
WEBSITE: www.statelaw.go.ke.

Ad Apply for Latest Jobs in Kenya Today »

...

...

...

Leave a Comment

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.