Marriage Act Cap 150 in Kenya

This Act may be cited as the Marriage Act.

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"...

(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...

A person shall not marry unless that person has attained the age of eighteen years.

(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...

(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...

The Cabinet Secretary may, by notice in the Gazette, declare any area of Kenya to be a registration area for the purposes of this Act.

(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...

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.

(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...

(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...

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...

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...

(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...

(1) A widow or widower may re-marry. (2) A widow or a widower may elect not to re-marry.

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...

This Part applies to a marriage where a party to the marriage professes the Christian religion.

In this Part "marriage officer" means a licensed church minister appointed by the registrar under section 50.

(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...

(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...

(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...

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...

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...

A marriage under this Part shall be celebrated by the Registrar in the place determined by the Registrar.

(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...

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.

(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...

(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...

(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...

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.