Top 10 things you need to know about the Marriage Law signed yesterday by President Uhuru
The Bill seeks to consolidate existing marriage laws into a single Act (currently seven).
Marriage – voluntary union of a man and a woman Sec 3(1)
Equality – both parties to marriage have equal rights all through Sec 3(2)
Age – A person must be 18 years to marry Sec 4
Witnesses – Any marriage must have 2 witnesses present (Sec 5(1)) excluding Pastor, Sheikh or Director or the person who officiates the marriage (Sec 5(3)).
Recognition – Christian, civil, customary, Hindu, Islamic marriages recognized and must be registered (Sec 6(1)). Practices of other group or faith may be notified in the Gazette (Sec 6(1)(f))
Monogamy – Christian, Hindu or civil marriages are monogamous (Sec 6(2)
Polygamy– Islamic and customary marriages are potentially polygamous (Sec 6(3)
Conversion – marriage can be converted from potentially polygamous to monogamous if both spouses voluntarily agree (Sec 8(1))
- Husband must have only one wife at the time to convert to monogamy
- New certificate to converted couples
Subsisting Marriages – No one in a monogamous marriage can contract another marriage. No one in a polygamous marriage can contract a monogamous marriage (Sec 9).
Blood Relations – prohibited marriage relationship – cousins, nephews, uncles, parents, sisters, brothers;
- Marriage amongst cousins professing Islamic faith not forbidden (Sec 10(4)).
Void Marriages (Sec 11(1))
Married parties treated as if there was no marriage at all –
- underage,
- parties are within the prohibited marriage relationship;
- either party is already married;
- by court order
- consent parties not been freely given (fraud, coercion, mental disorder, influence of drugs, intoxication);
- either party is absent from the ceremony;
- parties permit unqualified person to celebrate the union;
- parties are mistaken about the identity of the other party; or
- parties enter the marriage for fraudulent purposes.
(Sec 11(1))
Voidable Marriage
Parties have a choice and can decide to uphold the marriage on the grounds that–
- marriage was not consummated
- Recurrent attacks of insanity
- No notice was given
- Notice of objection not yet withdrawn
- Unlicensed person
- Minor procedural errors
- Failure to register the marriage
I need a break (Sec 14)
- Parties to civil marriages (only) can agree to live apart for one year (Sec 14(1)
- Agreement filed in court, court can vary or set aside the agreement where circumstances have changed
Widow/ers
- May elect to marry or stay un-married
Duration of Marriage
Marriage to last until
-death
-presumption of death
-annulment
-divorce within Kenya or abroad
By Kenya Law Reports
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