Section 49 of Marriage Act CAP 150: Officiation of Islamic marriages

(1) There shall be a Registrar of Marriages who shall be appointed by the Cabinet Secretary. (2) The Registrar shall— (a) perform civil marriages; (b) register all marriages; (c) issue marriage...

(1) The Registrar may by notice in the Gazette, appoint a member of the diplomatic staff of Kenya in a foreign country to celebrate civil marriages for the purposes of this Act. (2) A person...

(1) A minister of faith may apply to the Registrar to be appointed as a marriage officer for the purposes of this Act. (2) The Registrar may appoint a minister of faith who makes an application under...

(1) Where a marriage is celebrated under Part III of this Act, the person officiating at the marriage shall forward a copy of the certificate of marriage to the Registrar within fourteen days of the...

(1) Where the Registrar celebrates a marriage under Part IV of this Act, the Registrar shall register the marriage. (2) Where a marriage officer celebrates a marriage under Part IV, the marriage...

(1) Where the parties to a marriage under Part V have completed the necessary rituals for their union to be recognised as a marriage under the customary law of any of the parties both shall apply to...

(1) Where a person authorised by the Registrar celebrates a marriage under Part VI, that person shall record the details of the marriage in the prescribed form and deliver the record to the Registrar...

(1) Where a Kadhi, sheikh, Mukhi or imam authorised by the Registrar celebrates a marriage under Part VII of this Act, the Kadhi, sheikh, Mukhi or imam shall— (a) record the details of the...

(1) A Kenyan who celebrates a marriage outside Kenya may apply to the Registrar to have that marriage registered and the Registrar may register such a marriage only when the Registrar is satisfied...

(1) A marriage may be proven in Kenya by— (a) a certificate of marriage issued under this Act or any other written law; (b) a certified copy of a certificate of marriage issued under this Act or any...

Where a court grants a decree of the annulment of a marriage or the dissolution of a marriage, it shall deliver a certified copy of the decree to the Registrar and the Registrar shall register the...

(1) Where a marriage celebrated in Kenya is annulled or dissolved by a decree of a foreign court, any party to the annulled or dissolved marriage may apply to the Registrar to register the...

(1) The Registrar shall enter the details of the declaration made under section 8 against the relevant entry in the register of marriages. (2) The Registrar shall enter the details of the decree...

(1) A party to a marriage may apply to the Registrar or to a marriage officer or to a person authorised by the Registrar to correct a clerical error or omission in a register of marriage or a...

The parties to a marriage celebrated under Part III may seek the services of any reconciliation bodies established for that purpose that may exist in the public place of worship where the marriage was...

A party to a marriage celebrated under Part III may petition the court for a decree for the dissolution of the marriage on the ground of— (a) one or more acts of adultery committed by the other...

(1) A party to a marriage celebrated under Part IV may not petition the court for the separation of the parties or for the dissolution of the marriage unless three years have elapsed since the...

Where a foreign court has granted a decree in matrimonial proceedings whether arising out of a marriage celebrated in Kenya or elsewhere, that decree shall be recognized in Kenya if— (a) either party...

(1) The parties to a marriage celebrated under Part V may undergo a process of conciliation or customary dispute resolution before the court may determine a petition for the dissolution of the...

(1) A Party to a marriage celebrated under Part V may petition the court for the dissolution of the marriage on the ground of— (a) adultery; (b) cruelty; (c) desertion; (d) exceptional...

A party to a marriage celebrated under Part VI may petition the court for the dissolution of the marriage on the ground that— (a) the marriage has irretrievably broken down; (b) the other party has...

The dissolution of marriage celebrated under Part VII shall be governed by Islamic law.

Where a Kadhi, sheikh, imam or person authorised by the Registrar grants a decree for the dissolution of a marriage celebrated under Part VII, the Kadhi, sheikh, imam, Mukhi or authorised person shall...

(1) A party to a marriage may petition the court to annul the marriage on the ground that— (a) the marriage has not been consummated since its celebration; (b) at the time of the marriage and...

(1) A petition for annulment may be presented only by one of the parties. (2) Where a petitioner alleges facts of which only one party was ignorant at the date of that marriage, it may be presented...

The parties to a marriage which has been annulled by decree absolute of the court shall be deemed never to have been married but a decree of annulment shall not— (a) render lawful anything which was...

Except as provided in this section a promise by a person to marry another person is not binding.

(1) The court may order a person to pay maintenance to a spouse or a former spouse— (a) if the person has refused or neglected to provide for the spouse or former spouse as required by this...

Except where an order for maintenance of a spouse is expressed to be for any shorter period or where any such order has revoked and subject to section 79, the order shall lapse— (a) if the...

An order of maintenance shall lapse upon the remarriage of the beneficiary of the order.

(1) The court may revoke or vary a subsisting order for maintenance of any kind, whether secured or unsecured, if it is satisfied that the order was based or obtained as the result of any...

Maintenance payable to a person under an order of the court shall not be assigned or transferred or liable to be attached, sequestrated or levied upon for, or in respect of, any debt or claim.

(1) Despite any other period of limitation prescribed by the Limitation of Actions Act (Cap. 22), no instalment of maintenance shall be recoverable in proceedings instituted after a period of three...

(1) The court may, if it is satisfied that a disposition of property has been made by the spouse or former spouse of the person by or on whose behalf the application is made, within the preceding...

(1) The court may order a party to refrain from molesting a spouse or former spouse. (2) No proceedings may be brought to compel one spouse to cohabit with the other, but a spouse who alleges that he...

Custody and maintenance of children shall be dealt with in accordance with the Children Act (Cap. 141) and any other written law relating to children.

(1) Any person who, in a notice of intention to marry under section 25 or notice of objection to an intended marriage under section 28, makes a false statement commits an offence and shall on...

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...

(1) A party to a purported celebration of a marriage where the parties are within a prohibited marriage relationship commits an offence and shall on conviction be liable to imprisonment for a term not...

A party to a ceremony purporting to be a marriage, who at the time, knows or has reason to believe that the consent of the other party was induced by coercion or fraud or by a mistake as to the nature...

A person who celebrates a union purporting to be a marriage and who at the time of the ceremony is not authorised to do so commits an offence and shall on conviction be liable to imprisonment for a...

A person who celebrates a union purporting to be a marriage at which the required witnesses are not present commits an offence and shall on conviction be liable to imprisonment for a term not...

(1) A person commits an offence if that person celebrates or witnesses a union purporting to be a marriage where that person knows or should know that— (a) at least one party is below the age of...

(1) A marriage recognised under section 6 may be celebrated in accordance to the rules made by the Cabinet Secretary. (2) The Cabinet Secretary may make rules for the celebration of any marriage.

(1) The Cabinet Secretary may make regulations for the better carrying into effect of this Act. (2) Despite subsection (1), regulations may provide for— (a) forms to be used and fees to be paid in...

The Rules Committee established under the provisions of the Civil Procedure Act (Cap. 21) may make rules regulating court practice or procedure under this Act.

(1) A person who, immediately before the date of commencement of this Act, was a Registrar of Marriages under the Marriage Act (Repealed) or the African Christian Marriage and Divorce...

(1) A subsisting marriage which under any written or customary law hitherto in force constituted a valid marriage immediately before the coming to force of this Act is valid for the purposes of this...