Kenyan Law Mandates Registration of Marriages

In Kenya, marriage is not just about a ceremony, exchanging vows, or living together under one roof. It is a legally binding union that requires registration to safeguard the rights of the couple and any children they may have. Despite this, many Kenyans enter into marriages without formal registration, often viewing it as a mere formality. However, neglecting this step can lead to significant problems in the event of separation, death, or disputes over inheritance and property.

The Marriage Act of 2014 clearly outlines the obligations of registering a marriage and recognizes various types of marriages, including civil, Christian, Muslim, Hindu, and cultural unions. However, the act of getting married and registering it are two separate processes that should not be confused. Couples must ensure that their marriage is solemnized by an authorized person and that the necessary legal procedures for registration are followed. Failure to register a marriage can compromise its validity.

Section 42 of the Marriage Act directs the person who solemnizes a marriage to submit a copy of the marriage certificate to the Registrar of Marriages for entry into the official register. The Act also imposes a penalty on anyone who fails to register a marriage, with a fine not exceeding KES 5,000. Furthermore, Section 12 of the Act states that a marriage can be annulled if it is not registered. This emphasizes that couples should not assume that a ceremony alone is sufficient to guarantee them full legal protection.

The Kenyan Constitution, in Article 45, recognizes the family as the basic unit of society and guarantees its protection by the State. It also ensures that couples have equal rights when entering into, living in, and dissolving a marriage. These rights must be accompanied by adherence to legal procedures to avoid situations where one spouse is forced to spend time and money proving their relationship. Cultural marriages are not exempt from these regulations, with Section 44 requiring notification of the Registrar of Marriages within three months of completing customary marriage procedures.

Even couples who get married abroad are not exempt from these regulations. Section 39 of the Marriage Act allows Kenyans to enter into civil marriages at Kenyan embassies in foreign countries, provided the necessary requirements are met. Section 40 recognizes civil marriages conducted in other countries if they were performed in accordance with the laws of that country and the parties had the legal capacity to marry under the Kenyan Marriage Act.

For Kenyans who have married abroad, Section 58 of the Marriage Act allows them to apply for registration of their marriage with the Registrar of Marriages in Kenya. Section 59 explains that a marriage can be proved using a marriage certificate, a certified copy, or information from the official marriage register. This is particularly important in family disputes, such as inheritance or property division.

Couples who have not registered their marriages can take steps to rectify the situation by contacting the Registrar of Marriages to determine the necessary procedures. Registration services are also available through the eCitizen website. The key message is that a marriage certificate is not a decorative item but a vital document that protects the rights of couples. It is advisable to ensure that everything is in order while the relationship is amicable rather than waiting for a crisis or dispute to arise.

Key points

• Failure to register a marriage can result in a fine of up to KES 5,000 and potentially lead to the annulment of the marriage.