- Section 18 of Marriage Act CAP 150: Interpretation of Part
In this Part "marriage officer" means a licensed church minister appointed by the registrar under section 50.
- Section 19 of Marriage Act CAP 150: Objection to give a notice of intention to marry
(1) A person who knows of an impediment to an intended marriage may give a written notice of objection to the person in charge of a public place of worship where notice of intended marriage has been posted in accordance with section 26.
(2) A notice of objection shall include the name of the person...
- Section 20 of Marriage Act CAP 150: Obligations of the church minister in relation to objection
(1) Upon receiving a notice of objection, the person in charge of a public place of worship shall hear the objection forthwith and if the person in charge of a public place of worship considers that the objection requires a further hearing, he or she shall postpone the marriage ceremony until such...
- Section 21 of Marriage Act CAP 150: Signing of the marriage certificate
(1) When a marriage has been celebrated in accordance with the provisions of this Part, the person officiating at the marriage ceremony shall—
(a) complete and sign a marriage certificate in the prescribed form; and
(b) cause it to be signed by the parties and by the witnesses to the...
- Section 22 of Marriage Act CAP 150: Recognition of foreign marriages as Christian marriages in Kenya
A marriage celebrated outside Kenya otherwise than in accordance with this Part, shall be recognized as a marriage under this Part if—
(a) it is contracted in accordance with the law of the country where it is celebrated and is consistent with the requirements of this Part;
(b) at the time of the...
- Section 23 of Marriage Act CAP 150: Christian marriages at the embassy, high commission or consulate
A marriage celebrated in the embassy, high commission or consulate of a foreign country in Kenya is a
Christian marriage under this Part if—
(a) it is contracted in accordance with the law relating to Christian marriages of that foreign country;
(b) at the time of the marriage, the parties had...
- Section 24 of Marriage Act CAP 150: Celebration of civil marriages
A marriage under this Part shall be celebrated by the Registrar in the place determined by the Registrar.
- Section 25 of Marriage Act CAP 150: Notice of intention to marry
(1) Where a man and a woman intend to marry under this Part, they shall give to the Registrar and the person in charge of the place where they intend to celebrate the marriage a written notice of not less than twenty-one days and not more than three months of their intention to marry.
(2) A notice...
- Section 26 of Marriage Act CAP 150: Publication of notice of intention to marry
After receiving a notice under section 25, the Registrar shall publish such notice in the prescribed manner in the place where the marriage is to be celebrated.
- Section 27 of Marriage Act CAP 150: Objection to a notice of intention to marry
(1) A person who knows of an impediment to an intended marriage may give a written notice of objection to the Registrar or the person in charge of the place where a notice of intended marriage has been posted in accordance with section 26.
(2) A notice of objection shall include the name of the...
- Section 28 of Marriage Act CAP 150: Obligation of the person in charge of a place where a marriage is to be celebrated in relation to objections
(1) Upon receiving a notice of objection, the person in charge of a place where the marriage is to be celebrated shall hear the objection forthwith and if the person in charge of the place where the marriage is to be celebrated considers that the objection requires further hearing, he or she shall...
- Section 29 of Marriage Act CAP 150: Determination of objection
(1) The Registrar shall hear an objection under section 28 within seven days of the Registrar receiving the notice of objection.
(2) The Registrar shall determine an objection under section 28 within a reasonable period but in any case not more than seven days after the hearing under subsection...
- Section 30 of Marriage Act CAP 150: Effect of an appeal to an objection
A marriage ceremony may not be performed until any appeal that has been made against a decision of the Registrar to permit the marriage ceremony to be performed is heard and determined.
- Section 31 of Marriage Act CAP 150: Appeal proceedings
(1) The court shall hear and determine any appeal expeditiously.
(2) The court may hear and determine an appeal despite the failure of any party or other person to appear before it.
- Section 32 of Marriage Act CAP 150: Certificate of no impediment
(1) Where a person does not object to the celebration of a marriage, the Registrar shall issue the persons intending to marry with a certificate of no impediment.
(2) Where a Kenyan wishes to celebrate a marriage outside Kenya and where that Kenyan is required to obtain a certificate of no...
- Section 33 of Marriage Act CAP 150: Power of Registrar to dispense with notice
(1) Subject to section 25, the Registrar may, by licence in the prescribed form, dispense with the notice required by section 27 where there is sufficient reason to do so.
(2) Before dispensing with the notice, the Registrar shall confirm that—
(a) neither party is within a prohibited...
- Section 34 of Marriage Act CAP 150: Effect of appeal on the findings of an objection
(1) The provisions of section 30 apply with the necessary modifications.
(2) Unless a notice of objection has been withdrawn the Registrar shall not exercise the power conferred by section 33 to dispense with a notice.
- Section 35 of Marriage Act CAP 150: Contracting a civil marriage
When a marriage has been celebrated in the presence of a Registrar, the Registrar shall—
(a) complete and sign a marriage certificate in the prescribed form; and
(b) cause the marriage certificate to be signed by the parties and by the witnesses to the marriage and give two copies of the marriage...
- Section 36 of Marriage Act CAP 150: Certificate of no impediment
(1) If the Registrar is satisfied that no impediment to the intended marriage exists, the Registrar shall celebrate the marriage.
(2) If a Kenyan wishes to celebrate a civil marriage in a foreign country in accordance with the law of that country and the law of that country requires a certificate...
- Section 37 of Marriage Act CAP 150: Civil marriages at the Kenyan embassy, high commission or consulate for non-Kenyan citizens
A person who is not a Kenyan may celebrate a marriage under this Part in a foreign country if the marriage is celebrated in the presence of the Registrar or a person authorised by the Registrar for that purpose in any Kenyan embassy, high commission or consulate.
- Section 38 of Marriage Act CAP 150: Civil marriages in foreign countries
A marriage celebrated in a foreign country otherwise than in accordance with section 37 is valid if—
(a) it was contracted in accordance with the law of that country and is consistent with the laws of Kenya;
(b) at the time of the marriage the parties had the capacity to marry under the law of...
- Section 39 of Marriage Act CAP 150: Civil marriages at the Kenyan embassy, high commission or Consulate for Kenyan citizens
(1) A Kenyan may celebrate a civil marriage in a Kenyan embassy, high commission or consulate in a foreign country if—
(a) it is celebrated in accordance with the law of that foreign country; or
(b) both parties have the capacity to marry under the law of that foreign country.
(2) Despite...
- Section 40 of Marriage Act CAP 150: Recognition of foreign marriages as civil marriages in Kenya
A civil marriage contracted in a foreign country shall be recognized as a valid marriage if—
(a) it is contracted in accordance with the law of that country;
(b) it is consistent with the provisions of this Part; and
(c) the parties have the capacity to marry under this Act.
- Section 41 of Marriage Act CAP 150: Appointment of diplomatic staff as celebrants of marriage
(1) The Cabinet Secretary may appoint by notice in the Gazette a member of the diplomatic staff of Kenya in a foreign country to which this Part applies to celebrate marriages under this Act in respect of that country.
(2) The Registrar shall maintain a register of all marriages conducted in...
- Section 42 of Marriage Act CAP 150: Duty to register marriages
(1) A person who celebrates or officiates at a marriage shall deliver a copy of the marriage certificate to the Registrar and the Registrar shall enter the details of such a certificate in a register of marriages maintained for that purpose by the Registrar.
(2) Where the Registrar officiates at a...
- Section 43 of Marriage Act CAP 150: Governing law for Customary marriage
(1) A marriage under this Part shall be celebrated in accordance with the customs of the communities of one or both of the parties to the intended marriage.
(2) Where the payment of dowry is required to prove a marriage under customary law, the payment of a token amount of dowry shall be sufficient...
- Section 44 of Marriage Act CAP 150: Notification of Customary marriage
The parties to a customary marriage shall notify the Registrar of such marriage within three months of completion of the relevant ceremonies or steps required to confer the status of marriage to the parties in the community concerned.
- Section 45 of Marriage Act CAP 150: Contents of notification of Customary marriage
(1) The notification under section 25 shall—
(a) specify the customary law applied in the marriage of such parties; and
(b) contain a written declaration by the parties, that the necessary customary requirements to prove the marriage have been undertaken.
(2) A declaration under subsection (1)...
- Section 46 of Marriage Act CAP 150: Application of this Part
This Part shall apply only to persons who profess the Hindu faith.
- Section 47 of Marriage Act CAP 150: Persons authorised by Registrar to solemnize Hindu marriages
(1) A marriage under this Part is may be officiated by a person authorised by the Registrar and in accordance with the Hindu religious rituals of a party to the marriage.
(2) A person authorised to officiate at a marriage under this Part shall record the details of a marriage under this part in the...