Kenya is a preferred destination for international couples seeking to formalise their union, whether between a Kenyan and a foreign national or two foreign nationals. The Marriage Act, 2014, provides a structured legal framework that governs marriages involving Kenyan citizens and foreigners, as well as marriages between two foreigners. The process, requirements, timelines, and costs can vary depending on the specific circumstances and type of marriage chosen.
Types of Marriages Recognised Under the Kenyan Marriage Act
The Marriage Act, 2014, recognises five types of marriage:
- Christian Marriage – Conducted in a church by a licensed minister, where a party to the marriage professes the Christian religion.
- Civil Marriage – Conducted at the Registrar of Marriages.
- Customary Marriage – It is celebrated under the customs of the communities of one or both of the parties to the intended marriage.
- Hindu Marriage – Conducted only to persons who profess the Hindu faith.
- Islamic Marriage – Celebrated only for persons who profess the Islamic Faith.
Foreigners can enter into Christian, Civil, Hindu, or Islamic marriages. However, customary marriages are not available to a Kenyan-foreigner union, as most foreign jurisdictions do not recognise polygamy, and there’s no way to verify the foreign national’s marital status without a Certificate of No Impediment.
Requirements for Registering a Marriage in Kenya
For the Kenyan Citizen:
- Copy of National ID or valid passport.
- Copy of Birth certificate.
- Passport-size photo.
- Affidavit confirming marital status (single, divorced, or widowed).
- Divorce decree Absolute (if previously married).
- Death certificate (if widowed).
- An affidavit to confirm marital status if the Divorce Decree or Death Certificate is more than 2 years old.
For the Foreign National:
- Valid passport.
- Birth certificate.
- Passport-size photo.
- Certificate of No Impediment to Marriage (issued by their home country).
- Divorce decree (if previously married).
- Death certificate (if widowed).
- Visa or work permit (for foreigners residing in Kenya).
Step-by-Step Process for Marriage Registration
1. Choose the Type of Marriage
Decide whether the marriage will be civil, religious (Christian, Hindu, Islamic)
2. Gather Required Documents
For Both Parties:
- Valid identification (Kenyan ID or passport)
- Passport-sized photographs
- Birth certificates
- Affidavit of single status (from a lawyer)
- If widowed or divorced: death certificate or divorce decree
Additional for Foreigners:
- Certificate of No Impediment to Marriage from their country of origin (proving they are free to marry)
- Proof of residence or visitor’s permit
3. Notice of Marriage
- The couple must give notice of their intention to marry at the Registrar of Marriages.
- The notice is posted for 21 days to allow for objections.
4. Application for a Special Marriage License
- Foreigners must apply for a Special License under Section 33 of the Marriage Act via eCitizen.
- Both parties must book an appointment on eCitizen, appear before the Registrar for verification, and attend an interview.
- The special licence allows the parties to marry without the 21-day notice period.
- The special Licence costs Kshs 10,150.
5. Payment of Fees
Pay the relevant fees, which vary depending on the type of marriage and the venue selected. After payment, the couple book their wedding date for the solemnization ceremony.
6. Marriage Ceremony & Certificate Issuance
- Marriage is solemnised at the Registrar’s office, church, temple, or mosque.
- A licensed officiant must conduct the ceremony.
- The couple receives a Marriage Certificate, serving as legal proof of marriage.
Residency Status After Marriage for Foreign Nationals
A foreign spouse must apply for an immigration status that allows them to reside in Kenya legally. The following options are available:
1. Kenya Dependent’s Pass (KDP)
Applicable to mostly female spouses married to Kenyans, without engaging in business or employment. 🚨 Warning: It is an offence to work under KDP.
2. Work Permits
- If a foreign spouse wishes to invest, work, or practice a profession, they must apply for the appropriate work permit.
- To understand the various types of permits and visas available in Kenya, refer to our article ‘Types of Visas, Permits, and Passes in Kenya’.
3. Permanent Residency
- Available after three years of continuous marriage.
- Male spouses must also hold valid work permits to qualify.
4. Citizenship by Marriage
- Available after seven years of continuous marriage.
- Male spouses must also hold valid work permits to qualify.
🚨 Important: It is an offence under Section 53(m) of the Kenya Immigration and Citizenship Act, 2011, for a foreigner to reside in Kenya without a valid residency permit.
Recognition of Foreign Marriages in Kenya
Kenya recognises foreign marriages, provided:
- The marriage was conducted under the laws of the foreign jurisdiction.
- Both parties had the legal capacity to marry under the foreign country’s law.
- One party was domiciled in Kenya at the time of marriage.
Additionally, Christian and Civil marriages conducted at Kenyan embassies, high commissions, or consulates abroad are registered under Kenyan law.
Immigration & Citizenship Status of Children
- Children born to a Kenyan and a foreign spouse are automatically Kenyan citizens by birth.
- The Constitution of Kenya (Article 14(1) & (2)) guarantees this right by stating as follows:
Citizenship by birth
(1) A person is a citizen by birth if on the day of the person’s birth, whether or not the person is born in Kenya, either the mother or father of the person is a citizen.
(2) Clause (1) applies equally to a person born before the effective date, whether or not the person was born in Kenya, if either the mother or father of the person is or was a citizen.
Can Citizenship or Permanent Residency Be Revoked After Divorce?
- Citizenship or permanent residency obtained through marriage is not invalidated upon divorce.
- The Constitution (Article 13(3)) states that citizenship is not lost through marriage or divorce.
- Permanent residency acquired via marriage remains intact even after separation.
FAQs on Marriage Registration in Kenya
- Can two foreigners marry in Kenya?
Yes, as long as they meet the legal requirements for Christian, Civil, Hindu, or Islamic marriage and provide Certificates of No Impediment from their respective countries. - Can a foreigner marry in Kenya without a Kenyan visa?
No. A valid visa or work permit is required for marriage registration. - Is a Certificate of No Impediment mandatory for foreigners?
Yes, this document is required to demonstrate that the foreign national is legally eligible to marry. - Can the 21-day notice period be waived?
Yes, by applying for a Special License and providing valid reasons for urgency. This is at the discretion of the Registrar - Can a Kenyan citizen and a foreigner marry under Customary Law?
No, the Registrar does not process customary marriages involving foreign nationals due to verification challenges and polygamy concerns. - Does marriage in Kenya grant automatic citizenship to a foreign spouse?
No. Citizenship by marriage requires seven years of continuous residency in Kenya. - Is a marriage in Kenya valid internationally?
Yes. Kenyan marriage certificates issued under the Marriage Act, 2014, are recognised globally, especially if authenticated/apostilled. - Can we get married in Kenya on a tourist visa?
Yes. Many couples travel on tourist visas and marry via civil or religious ceremonies, especially using the Special Licence route. - How long does the process take?
Typically, 2–3 months from notice to certificate issuance, though this can be expedited with a Special License.
Final Thoughts
Kenya offers a legally sound and streamlined process for registering marriages involving foreign nationals. Whether you’re a couple looking for a civil ceremony, a church wedding, or a traditional celebration, the Kenyan legal system accommodates your union, provided the required steps are followed.
It is advisable to seek legal guidance to ensure all documents are in order, particularly for foreigners unfamiliar with Kenyan legal processes.
Need Assistance Registering Your Marriage in Kenya?
At Njaga & Co. Advocates LLP, we specialise in marriage registration for Kenyan-foreigner couples and foreign nationals. We offer the following expert services.
✔️ Legal Consultation – Understanding marriage laws and requirements.
✔️ Document Verification – Ensuring compliance with Kenyan regulations.
✔️ Special License Application – Assisting with eCitizen registration.
✔️ Marriage Registration & Certification – Handling all legal formalities.
✔️ Immigration & Residency Advisory – Guiding foreign spouses on visa and residency applications.
Contact Us Today for Expert Legal Assistance. Looking to register your marriage in Kenya? Let us handle the legal process for you!
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for personalized legal guidance.
