In Kenya, customary marriages are those celebrated according to the customs of the communities of one or both parties. Registration of such marriages is crucial as it provides legal recognition and protection. The Marriage Act 2014 outlines the legal conditions for a valid customary marriage, including that both parties must be at least 18 years old and not in a subsisting monogamous marriage under civil, Christian, or Hindu law.
To register a customary marriage, parties must meet specific legal thresholds. The marriage must be celebrated according to the customs of the communities of one or both parties, and there must be some form of payment, such as money, token, or dowry, to validate the marriage. Registration is only applicable to Kenyans who have contracted African customary marriage rites.
The registration process involves several steps. For existing customary marriages conducted before 1 August 2017, both parties must appear before the Registrar, who conducts an interview to ascertain the legality of the marriage. An application for registration is made using a prescribed form, accompanied by a letter of confirmation from the Chief.
For new customary marriages contracted from 1 August 2017 onwards, the process begins with completing the customary rites. Parties then have 90 days to notify the State by submitting a notification on eCitizen using Form CM1. This involves uploading the Chief's letter, providing witness details, and paying a notice fee of Ksh 600.
After submitting the notification, the Registrar publishes the intent to register the marriage for 14 consecutive days. If no objections are raised, the Registrar issues an Acknowledgement Certificate, confirming that the marriage is clear for registration. Parties then attend an in-person interview with the Registrar.
The registration fee for a customary marriage in Kenya is Ksh 3,900, paid on the eCitizen platform upon approval. The marriage certificate is issued within 14 days from the date of payment. Parties to a customary marriage must notify the Registrar of Marriages within three months of completing all required ceremonies.
Failing to register a customary marriage can have severe consequences, including denial of succession and inheritance rights, exclusion from matrimonial property protections, and loss of pension and survivor benefits. Therefore, it is essential for parties to a customary marriage to follow the registration process to secure their rights.
Key points
- The registration fee for a customary marriage in Kenya is Ksh 3,900.
- Parties to a customary marriage must notify the Registrar of Marriages within three months of completing all required ceremonies.
- The marriage certificate is issued within 14 days from the date of payment.
