Family Law: The Kenya Marriage Act, 2014

THE MARRIAGE ACT, 2014
No. 4 of 2014
Date of Assent: 29th April, 2014
Date of Commencement: 20th May, 2014
ARRANGEMENTS OF SECTIONS
Section
PART I —PRELIMINARY
1—Short title.
2—Interpretation.
PART II —GENERAL PROVISIONS
3—Meaning of marriage.
4—Minimum age.
5—Witnesses to a marriage.
6—Kinds of marriages.
7—Declaration of marriage registration areas.
8—Conversion of marriages.
9—Subsisting marriages.
10—Prohibited marriage relationship.
11—Void marriages.
12—Voidable marriages.
13— Spouses and the law of tort.
14—Arrangement to live apart.
15—Rights of widow and widowers.
16—Duration of marriage.
PART III —CHRISTIAN MARRIAGES
17—Christian marriages.
18—Interpretation of Part.
19— Objection to give a notice of intention to marry.
20—Obligations of the church minister in relation.to objection.
21—Signing of the marriage certificate.
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22— Recognition of foreign marriages as Christian marriages in Kenya.
23— Christian marriages at the embassy, high commission or consulate.
PART IV—CIVIL MARRIAGE
24—Celebration of civil marriages.
25-1 Notice of intention to marry.
26—Publication of notice of intention to marry.
27—Objection to a notice of intention to marry.
28—Obligation of the person in charge of a place where a marriage is to
be celebrated in 'relation to objectiOns.
29—Determination of objection
30—Effect of an appeal to an objection.
31—Appeal proceedings.
32—Certificate of no impediment.
33—Powei of Registrar to dispense with notice.
34—Effect of appeal on the findings of an objection.
35—Contraction of civil marriage.
36—Certificate of no impediment.
37—Civil marriages at the Kenyan embassy, high commission or
consulate for non- Kenyan citizens.
38—Civil marriages in foreign countries.
39—Civil marriages at the Kenyan embassy, high commission or
Consulate for Kenyan citizens.
40—Recognition of foreign marriages as civil marriages in Kenya.
41—Appointment of diplomatic staff as celebrants of marriage.
42—Duty to register marriages.
PART V—MARRIAGE UNDER CUSTOMARY MARRIAGES
43—Governing law for Customary marriage.
44—Notification of Customary marriage.
45—Contents of notification of Customary marriage.
PART VI—HINDU MARRIAGES
46—Application of this Part.
47—Persons authorized by Registrar to solemnize Hindu marriages.
PART VII —MARRIAGE UNDER ISLAMIC LAW
48—Application of Islamic law.
49—Officiation of Islamic marriages.
PART VIII—APPOINTMENTS OF REGISTRAR OF MARRIAGES
AND MARRIAGE OFFICERS
50—Appointment of Registrar and marriage officers.
51—Appointment of marriage officers in foreign countries.
52—Licensing ministers of faith.
PART IX — REGISTRATION OF MARRIAGES
53—Registration of Christian marriages.
54—Registration of civil marriages.
55—Registration of customary marriage.
56—Registration of Hindu marriages.
57—Registration of Islamic marriages.
58—Registration of marriages contracted abroad.
59—Evidence of marriage
60—Copies of decrees of annulment and divorce to be sent to Registrar.
6I—Registration of foreign annulments and divorces.
62—Endorsement of marriage registers.
63—Correction of errors.
PART X—MATRIMONIAL DISPUTES AND. MATRIMONIAL
PROCEEDINGS
Dissolution of a Christian marriage
64—Mediation of disputes in Christian marriages.
65—Grounds for dissolution of a Christian marriage.
Dissolution of a civil marriage
66—Right to petition for separation or divorce.
67—Dismissal of petition for deception or non-disclosure.
Dissolution of a customary marriage
68—Mediation of disputes in customary marriages.
69—Grounds for divorce of customary marriages.
Dissolution of a Hindu Marriage
70--Grounds for divorce of Hindu marriages
Dissolution of an Islamic marriage
7I—Governing law for Islamic divorce matters.
72—Registration of divorce under Islamic law.
Annulment 0.iMarriage
73—Grounds for annulment of marriage.
74—Party to petition for annulment of marriage.
75-- Effect of a decree of annulment.
PART XI — OTHER RIGHTS OF ACTION
76—Effect of a promise to marry.
PART XII — MAINTENANCE OF SPOUSE AND OTHER RELIEFS
77 —Grounds for order of maintenance.
78—Lapsing of maintenance.
79—Termination of an order of maintenance.
80—Revocation and variation of an order for maintenance.
81— Assessment of maintenance.
82-- Recovery of maintenance arrears.
83-- Compounding of maintenance.
84—Other relief.
85—Order concerning children.
PART XIII — OFFENCES AND PENALTIES
86—False statement in the notice of intention to marry or notice of
objection.
87—Marriage to a person under minimum age.
88—Marriage of persons within prohibited marriage relationship.
89—Coercion, fraud, etc.
90—Ceremony performed by unauthorized person.
91—Absence of witnesses.
92—Offence relating to the celebration or witnessing of a union.
PART XIV —MISCELLANEOUS PROVISIONS
93—Celebration other marriages.
94—Provisions on delegated powers.
95—Rules.
96—Transitional Provisions.
97—Repeals.
98—Savings.
SCHEDULE — REPEALED ACTS