Marriage is a joyous occasion, but in Kenya, there are legal requirements to fulfill before you can say “I do.” Whether you are Kenyan citizens, a Kenyan marrying a foreigner, or foreign nationals tying the knot in Kenya, the process involves specific documents, timelines, and fees. This comprehensive guide explains everything you need to know about registering a marriage in Kenya.
Why Understanding Marriage Laws in Kenya Is Important
Marriage laws in Kenya are governed by the Marriage Act, 2014, which ensures that all marriages are valid and legally binding. The law also recognizes various forms of marriage, including civil, customary, Christian, Islamic, and Hindu marriages.
By following the right procedures, couples ensure their union is officially recognized, offering them legal protection and privileges such as property co-ownership, inheritance rights, and spousal benefits.
Types of Marriage in Kenya
Kenya recognizes several types of marriage:
- Civil Marriage: Conducted at the Registrar of Marriages.
- Christian Marriage: Conducted in a church by a licensed minister.
- Customary Marriage: Based on traditional practices of Kenyan communities.
- Islamic Marriage: Governed by Islamic law.
- Hindu Marriage: For members of the Hindu community.
This article focuses on civil marriages and the documents required to meet the legal thresholds.
Requirements for Marriage Between Kenyans
1. Registration Through the 21-Day Notice Process
Couples intending to marry must file a 21-day notice at the Registrar of Marriages. Here’s what you’ll need:
- ID Cards: Copies of the identification cards for both parties.
- Passport Photos: Recent colored passport-size photos for both parties.
- Fee: Ksh 600 for the notice application.
What Happens After the 21-Day Notice?
- If the ceremony will take place at the Registrar’s Office, an additional fee of Ksh 3,300 is required.
- For church weddings, couples pay Ksh 800 for a Registrar’s Certificate. A licensed pastor must officiate the marriage.
- For weddings in alternative venues (e.g., gardens, hotels), a Special License is required at Ksh 7,200.
2. Marriage by Special License
If circumstances do not allow the 21-day notice, couples can apply for a Special License.
Documents Required:
- Birth Certificates: Copies and originals.
- ID Cards or Passports: Copies and originals.
- Proof of No Impediment: Affidavits, Death Certificates (if widowed), or Divorce Decrees (if divorced).
- Photos: Recent colored passport-size photos.
- Justification Letter: A documented reason explaining why the 21-day notice cannot be given.
Additional requirements for church weddings include the officiating pastor’s license and the serial number of the marriage certificate.
Requirements for Marriage Between a Kenyan and a Foreigner
When a Kenyan plans to marry a foreigner, additional documents are needed.
Documents Required from the Kenyan:
- ID card or valid passport (copies and original).
- Birth Certificate (copies and original).
- Passport-size photo.
- Affidavit confirming single status.
Documents Required from the Foreigner:
- Valid passport (copies and original).
- Birth Certificate (copies and original).
- Passport-size photo.
- Certificate of No Impediment: Issued by the foreigner’s home country confirming they are free to marry.
- Proof of travel arrangements: Return air ticket or visa/work permit.
Both parties must be present during the registration process.
Requirements for Marriage Between Foreign Nationals in Kenya
Foreign nationals can also marry in Kenya, provided they meet these requirements:
- Valid passports (copies and original).
- Birth Certificates (copies and original).
- Passport-size photos (colored).
- Certificate of No Impediment to Marriage.
- Supporting documents if previously married:
- Divorce Decree (for divorced individuals).
- Death Certificate (for widowed individuals).
- Return air tickets, visas, or work permits.
The Marriage Registration Process in Kenya
Step 1: Name Clearance and Notice of Intention
- Visit the Registrar of Marriages to file a 21-day notice or apply for a Special License.
- Ensure your chosen venue and date align with availability.
Step 2: Submit Documentation
Provide all required documents, including identification, photographs, and affidavits.
Step 3: Payment of Fees
- Name search: Ksh 150.
- Marriage registration: Ksh 10,650 (standard).
- Special License: Ksh 7,200.
Step 4: Attend the Ceremony
Attend the ceremony with witnesses and officiators as required.
Step 5: Collect Your Certificate of Marriage
The official certificate will be issued by the Registrar of Marriages.
Where to Access Marriage Registration Services
Registrar of Marriages Contact Information
The main office is located at Sheria House, Harambee Avenue, Nairobi.
Telephone Numbers:
- +254 020 222 7461
- +254 701 155 955
Regional offices are also available in major towns, ensuring accessibility across Kenya.
Key Considerations for Marriages in Kenya
- Legal Age: Both parties must be 18 years or older.
- Consent: Marriage must be entered into willingly. Forced marriages are illegal in Kenya.
- Bigamy: Already being married disqualifies one from entering into another marriage unless legally divorced or widowed.
- Witnesses: Witnesses must be present during the ceremony for legal validation.
Why Choose Kenya for Your Wedding?
Kenya’s picturesque landscapes, from sandy beaches to lush savannahs, make it a prime wedding destination. However, adhering to legal requirements is essential for a stress-free experience.
Marriage is a significant milestone, and ensuring it is legally recognized is crucial. If you’re planning your wedding in Kenya, start early to meet all the requirements. For more personalized assistance, visit the Registrar of Marriages or consult a legal expert.
Need Help with Your Marriage Registration?
Reach out to the Registrar of Marriages today to begin your journey toward a legally recognized union.
