Act and Laws in Kenya

This Part shall only apply to persons who profess the Islamic faith.

(1) A marriage under this Part shall be officiated by a kadhi, sheikh or imam as may be authorised by the Registrar and celebrated in accordance with Islamic law. (2) A person authorised to officiate at a marriage under this Part shall record the details of a marriage under this part in the...

(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 certificates for all registered marriages; (d) issue certificates of no impediment to persons who...

(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 appointed under subsection (1) shall keep a record of all marriages celebrated that that person in that...

(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 subsection (1) as a marriage officer. (3) The Registrar shall issue a person appointed as a...

(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 celebration of the marriage for the registration of that marriage. (2) Before the Registrar...

(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 officer shall record the details of the marriage in the prescribed form and forward the record to the...

(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 the Registrar within six months of their marriage for a certificate and both shall appear in person...

(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 and the Registrar shall register the marriage. (2) Before the Registrar registers a marriage...

(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 marriage; (b) issue the parties to the marriage with a certificate of marriage; and (c) deliver the record...

(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 that the marriage complies with the provisions of this Act. (2) The Registrar may consider a marriage...

(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 other written law; (c) an entry in a register of marriages maintained under this Act or any other...

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 annulment or dissolution in a register maintained for the purpose.

(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 decree. (2) Where the Registrar is satisfied that a decree under this section should be recognised in Kenya as...

(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 registered under section 60 against the relevant entry in the register of marriages and such an entry...

(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 certificate of marriage regarding that person’s marriage. (2) Where the Registrar, a marriage officer 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 celebrated.

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 party; (b) cruelty, whether mental or physical, inflicted by the other party on the petitioner or on the...

(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 celebration of the marriage. (2) A party to a marriage celebrated under Part IV may only petition 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 is domiciled in the country where that court has jurisdiction or had been ordinarily resident in...

(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 marriage. (2) The process of mediation or traditional dispute resolution in subsection (1) shall conform...

(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 depravity; (e) irretrievable breakdown of the marriage; or (f) any valid ground under the customary law of...

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 deserted the petitioner for at least three years before the making of the petition; (c) the other...

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 deliver a copy of the decree to the Registrar.

(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 without the knowledge of either party, the parties were in a prohibited relationship; (c) in the case of...

(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 only by that party. (3) Where a petitioner alleges the willful refusal of one party to consummate...

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 done unlawfully during the marriage or render unlawful anything which was done lawfully during the...

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 Act; (b) if the person has deserted the other spouse or former spouse, for as long as the desertion...