Getting married in Kenya
In Kenya, marriage is governed by the Marriage Act, 2014 and is defined as the voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with the Act.
Kinds of marriages
(1) A marriage may be registered under this Act if it is celebrated
- in accordance with the rites of a Christian denomination;
- as a civil marriage;
- in accordance with the customary rites relating to any of the communities in Kenya;
- in accordance with the Hindu rites and ceremonies; and
- in accordance with Islamic law.
(2) A Christian, Hindu or civil marriage is monogamous.
(3) A marriage celebrated under customary law or Islamic law is presumed to be polygamous or potentially polygamous.
Legal age of marriage in Kenya
The legal age of marriage is 18 years.
Legal sanctions for under-age marriage
Any person who marries a person who is below the minimum age commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years or a fine not exceeding one million shillings or to both.
Other conditions for marriage
Different kinds of marriages have various requirements. We encourage you to familiarize yourself with the Marriage Act and to seek further information from the office of the Marriage Registrar closest to you.
Divorce
Getting divorced in Kenya
Divorce is governed by the Marriage Act, 2014 and is catered for under different sections of the Marriage Act.
Procedures for divorce
Dissolution of marriage varies according to the kind of marriage, whether Christian, civil, customary, Hindu or Islamic.
For the dissolution of a civil or Christian marriage, the Kenyan court will consider whether:
- There has been one or more acts of adultery;
- There has been cruelty, whether mental or physical on the petitioner or children
- desertion for at least three years
- There has been exceptional depravity
- There is the irretrievable breakdown of the marriage
Under Kenyan law, a marriage has broken down irretrievably when:
- a spouse commits adultery
- a spouse is cruel to the other spouse or child of the marriage
- there has been wilful neglect for at least two years
- spouses have separated for at least two years
- there has been desertion for at least three years
- there has been a sentence of life imprisonment or seven years onwards
- there is incurable insanity (certified by at least two doctors, one a psychiatrist)
- any other ground court deems appropriate
Authored by Henry Njuguna Adv, MCIArb
We at NKN will gladly help through this process. Reach out on 0722382783.