Having earlier established the various kinds of marriages in Kenya, the prohibited, valid, void, and voidable marriages, let us delve into the most critical part; how do you conduct each of the intended kinds of marriage? Here we will analyze the procedure/ process of conducting civil, Christian, and Islamic marriages in Kenya.
Process of celebrating Christian marriages/Church Weddings in Kenya
- The intended couples inform their church minister or priest of their intention to enter into a marriage.
- The church minister, together with the church committee, conducts a preliminary investigation to confirm if one of the intended spouses is a bona fide Christian of the church.
- Once satisfied that the person meets the church standards to marry, the church minister announces to the full congregation of the intended marriage and invites anyone with any impediment to the parties marrying to bring it forth through a written notice to his attention. The announcement is made three times to give anyone with objection ample time.
- Where there is an objection to the couple marrying, the licensed church minister shall hear and determine the objection, giving the objector and the intended couple a fair hearing within a reasonable time. N.B. The objection notice needs to be in writing; it discloses the relationship between the person giving the objection and the parties to the intended marriage and outlines the grounds/reasons for the objections.
- Once there is a determination, the church minister or the person in charge of a public worship place shall prepare a report on the process of the determination in writing and send it to the Registrar of marriage.
- A party dissatisfied with the church minister’s decision has the right to appeal to the court within 14 days of the determination.
- Where there is no objection or the objection has been determined positively, a marriage date is set and declared to the public.
- On the marriage day, the parties to the intended marriage exchange vows before the church minister, their family/friends, and the congregation.
- The overseeing pastor/priest signs the marriage certificate and ensure that the parties to the marriage also sign, and two witnesses witness the same.
- Once the marriage certificates are signed and witnessed, the pastor/priest officiating the marriage retains one copy, gives one copy to the parties, and the other copy is submitted to the Registrar of Marriages.
This marks the end of the process of celebrating a Christian marriage.
Process of Celebrating Civil Marriages in Kenya
- The parties intending to conduct a civil marriage notifies the Registrar within not less than 21 days and not more than 3 months of their intention to marry by filling out the online Form MA2. An applicant should attach the following documents: –
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- Copy of National Identity Card, valid Passport, or valid Alien Card for Refugees
- One coloured passport-size photo for each Applicant
- Copy of Death Certificate (if widow or widower)
- Copy of Divorce Decree Absolute (If the partner had been married before and divorced)
- A sworn affidavit to confirm marital status in the event the Divorce Decree or the Death Certificate is more than 2 years old
- Copy of license for the Minister of Faith
- Provide the serial number of the marriage book to be used (to be obtained from the Minister of Faith)
- Wedding invitation card
- The applicant shall be required to pay a notice fee of Kshs 600/= on the online platform upon approval of their application.
NB: The Registrar has the power to dispense with the notice of intention to marry and instead issue a special notice in instances where; any of the parties to the marriage is a foreign national, both of the parties are foreign nationals, or the marriage is to be solemnized outside a licensed place or where the parties are unable to give the 21-days’ notice. A special notice will cost you Kshs. 7000/=.
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- After the applicant has filled in the form, s/he is e required to pay a notice fee of Kshs 600/= on the online platform upon approval of their application.
- Upon receipt of the notice of marriage, the Registrar publishes the notice of intention to marry in the place where the marriage is to be celebrated.
- If a person has any objection to the marriage being celebrated, they should give a written notice outlining the names, relationship to the parties, and why the marriage should not be celebrated.
- If there is an objection, the Registrar, within 7 days of its receipt, shall hear and determines the objection within 7 days after giving the parties a fair hearing. A person who is dissatisfied with the Registrar’s determination should appeal in court within 14 days of the determination. A marriage cannot proceed until the appeal is heard and determined.
- After the expiration of 21 days and not more than 3 months, the parties to the intended marriage book an appointment online with the Registrar for an interview and verification of documents.
- Upon successful completion of the interview, parties must pay a fee of Kshs 800/= for the clearance certificate on the online platform if the wedding is to take place inside a licensed location or Kshs 7200/= if the wedding is to take place outside a licensed place of worship.
- Upon paying the requite fees and swearing in the affidavit, and the Registrar confirming there is no impediment, the Registrar issues a Registrar Certificate as to the validity of the intended marriage and the parties therein and the timelines which the marriage should be conducted. The certificate is in the online Form MA3
- Where there is no objection to the marriage, the parties apply to the Registrar for a certificate of no impediment using the online Form MA5; the fee for a certificate of no impediment is Kshs 10,000/=. The applicant should also attach their; ID Card / Passport, a copy of their birth certificate, and the intended spouse’s passport/ ID card.
- Also, the parties should swear an affidavit confirming there is no impediment to their intended marriage in Form M4.
- The Registrar, upon being satisfied that there is no legal impediment to the intended marriage, issues the applicant with a certificate of no impediment in Form MA6.
- The parties proceed to have their marriage solemnized in their selected licensed place, and the Registrar enters the details in the marriage register and issues the parties with a marriage certificate.
This marks the end of celebrating a civil marriage in Kenya.
The process of registering Christian/ Hindu Marriage by Notice
- The Applicant fills out the Fill in the online application form MA1 and attaches the following details:
- Copy of National Identity Card or valid Passport or valid Alien Card for Refugees
- One coloured passport-size photo for each Applicant
- Copy of Death Certificate (if widow or widower)
- Copy of Divorce Decree Absolute (If the partner had been married before and is divorced)
- A sworn affidavit to confirm marital status if the Divorce Decree or the Death Certificate is over 2 years old.
- Copies of Identity Cards or Valid Passports for the two (2) witnesses
- The Applicant is required to pay a notice fee of Kshs 600/= on the online platform upon approval of their application.
- After the lapse of 21 days’ Notice period, parties must book an appointment on the online platform to appear for an interview and verify original documents.
- Upon successful completion of the interview, parties are required to pay a fee of Kshs 3,300/= on the online platform, after which they will be booked for solemnization of the marriage – 30 to 90 days (30 days for notice and processing, marriage to be solemnized within 90 days)
How can one prove that they are validly married under Kenyan laws?
A person can prove that they have a valid marriage by providing the following documents; –
- a certificate of marriage issued under the Marriage Act and the subsequent rules;
- a certified copy of a certificate of marriage issued under the Marriage Act or any other written law;
- an entry in a register of marriages in the Registrar’s office maintained under the Marriage Act or any other written law;
- a certified copy of an entry in a register of marriages maintained under this Act or any other written law; or
- an entry in a register of marriages maintained by the proper authority of the Khoja Shia, Ith’nasheri, Shia imam, Ismaili or Bohra communities, or a certified copy of such an entry.