Formalities to be followed under Statutory Law
A civil marriageunder Kenya law is one which is performed by a government official and not by a religious organization. There is a requirement for notice which
runs for 21 days. Section 8 of the Kenya Marriage Act provides that where couples get
married in church under Cap 150, then Notice is given both in church and in the
Office of the Registrar of Marriages in the prescribed form.
Upon receipt of such Notice, the Registrar will
enter it into a Public Marriage Notice Book which is open for viewing during
working hours. This is provided for under Section 10(1) of the Marriage Act.
The Registrar also publishes the said Notice by
affixing a copy of it outside his office for a maximum period of 3 months or
until the parties are issued with a Marriage Certificate. This is provided for
under Section 10(2) of the Marriage Act.
Before the 21 days have lapsed after giving
notice, the parties must swear an affidavit and affix it to the notice
providing the following details:
- that at least one party has been a resident within the area/district for at least 15 days
- that the parties have attained the age of 21 years or if between 16 – 21 years, that the parties have obtained the consent of the parents/guardians, which consent must be attached to the affidavit
- that the parties must aver that there are no impediments of kindred or affinity or any lawful hindrance to the marriage
- that the parties are not married to any other person under any law at the time of publishing the notice.
If the Registrar is satisfied and no caveat is
issued against the notice, he may issue a Certificate of Marriage, whereby
marriage must take place within 3 months of notice. Section 12 of the Marriage
Act provides that if the marriage does not take place within 3 months, such
notice is void – not valid or legal.
If any party is dissatisfied with the Notice,
he/she may enter the word “Forbidden” against the notice, stating his/her name,
address and reasons thereof. The person then appears in court to show cause why
the marriage should not take place. The decision of the court is final. This is
provided for under Section 16.
For persons getting married in church, after the
notice period of 21 days, a Registrar’s Certificate is issued by the Office of
the Registrar of Marriages and taken to the Church Minister who shall officiate
the ceremony. Certain fees are charged. Information on fees may be obtained at
the Registrar’s Office.
A Special Licence may be issued if the couple
cannot give the required three weeks notice. However this is not a right and
can be denied.
Section 24 provides that if a person licensed to
celebrate a marriage knows that there is a problem, the said person is
obligated not to celebrate the marriage.
Section 25 provides that a marriage should be
celebrated in a licensed place; that is a hall or church office. Where the
ceremony shall take place in a place other than a church or Registrar’s Office,
for example, in a garden, hotel etc then a special license is also required to
license the venue for a wedding even if Notice is properly given.