Section 2 of Marriage Act CAP 150: Interpretation
In this Act, unless the context otherwise requires—
"child" means an individual who has not attained the age of eighteen years;
"cohabit" means to live in an arrangement in which an unmarried couple lives together in a long-term relationship that resembles a marriage;
"conciliatory body"...
Section 3 of Marriage Act CAP 150: Meaning of marriage
(1) Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with this Act.
(2) Parties to a marriage have equal rights and obligations at the time of the marriage, during the marriage and at the dissolution of the...
Section 5 of Marriage Act CAP 150: Witnesses to a marriage
(1) A marriage conducted under this Act shall be witnessed by two competent witnesses.
(2) A person is not competent to act as a witness if that person is—
(a) below the age of eighteen years;
(b) otherwise not competent to enter into a contract because of—
(i) mental disability rendering that...
Section 6 of Marriage Act CAP 150: Kinds of marriages
(1) A marriage may be registered under this Act if it is celebrated— (a) in accordance with the rites of a Christian denomination;
(b) as a civil marriage;
(c) in accordance with the customary rites relating to any of the communities in Kenya;
(d) in accordance with the Hindu rites and...
Section 8 of Marriage Act CAP 150: Conversion of marriages
(1) A marriage may be converted from being a potentially polygamous marriage to a monogamous marriage if each spouse voluntarily declares the intent to make such a conversion.
(2) A polygamous marriage may not be converted to a monogamous marriage unless at the time of the conversion the husband...
Section 9 of Marriage Act CAP 150: Subsisting marriages
Subject to section 8, a married person shall not, while—
(a) in a monogamous marriage, contract another marriage; or
(b) in a polygamous or potentially polygamous marriage, contract another marriage in any monogamous form.
Section 10 of Marriage Act CAP 150: Prohibited marriage relationship
(1) A person shall not marry—
(a) that person’s grandparent, parent, child, grandchild, sister, brother, cousin, great aunt, great uncle, aunt, uncle, niece, nephew, great niece or great nephew;
(b) the grandparent, parent, child or grandchild of that person’s spouse or former spouse;
(c) the...
Section 11 of Marriage Act CAP 150: Void marriages
(1) A union is not a marriage if at the time of the making of the union—
(a) either party is below the minimum age for marriage;
(b) the parties are within the prohibited marriage relationship;
(c) either party is incompetent to marry by reason of a subsisting marriage;
(d) by order made under...
Section 12 of Marriage Act CAP 150: Voidable marriages
Subject to section 11, a marriage is voidable if— (a) at the date of the marriage—
(i) either party was and has ever since remained incapable of consummating it;
(ii) either party was and has ever since remained subject to recurrent attacks of insanity;
(b) there was a failure to give notice of...
Section 13 of Marriage Act CAP 150: Spouses and the law of tort
Despite the provisions of any other written law—
(a) a spouse shall not be liable for the torts of the other spouse by reason of being a spouse;
(b) spouses have the same liability in tort towards each other as if they were not married; and
(c) a spouse shall be entitled to claim, in any action...
Section 14 of Marriage Act CAP 150: Arrangement to live apart
(1) The parties to a civil marriage may agree to live apart for one year and any such agreement shall be valid and enforceable, and shall be filed with the court.
(2) Despite subsection (1), the court may vary or set aside the agreement or any of its provisions if the court is satisfied that since...
Section 16 of Marriage Act CAP 150: Duration of marriage
A marriage registered under this Act subsists until it is determined by— (a) the death of a spouse;
(b) a decree declaring the presumption of the death of a spouse;
(c) a decree of annulment;
(d) a decree of divorce; or
(e) a decree of divorce or annulment obtained in a foreign country and...