Section 17 of Marriage Act CAP 150: Christian marriages
This Part applies to a marriage where a party to the marriage professes the Christian religion.
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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 t…
(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 marriage. (2) T…
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 ce…
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 capac…
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 g…
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 pers…
(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 p…
(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 (1).…
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.
(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.
(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 impedimen…
(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 relationship;…
(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.
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 ce…
(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 of…
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.
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 that…
(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 subsection…
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.
(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 foreign…
(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 m…
(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…
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.
(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) shall…
This Part shall apply only to persons who profess the Hindu faith.