The legal framework
Kenya's Marriage Act 2014 consolidated what had been five separate statutes. All five types of marriage are equally valid and all must be registered with the Registrar of Marriages. Christian, Hindu and Islamic ceremonies are conducted by licensed ministers or officiants; customary marriages are registered after the fact. Only Islamic marriages may be polygamous by default; customary marriages are presumed polygamous.
Key points
| Statute | Marriage Act 2014, unifying five marriage systems |
|---|---|
| Registration | Required for all five types |
| Christian and Hindu | Licensed minister, in a licensed place of worship, after notice |
| Islamic | Conducted by a Kadhi or authorised officiant, registered afterwards |
| Customary | Registered after the ceremony, with proof of the customary steps |
| Monogamy | Civil and Christian marriages are monogamous and cannot be converted |
| Kadhi | Solemnises Islamic marriages, which are then registered |
| Notice | Twenty-one days for civil and Christian marriages |
| Conversion between types | Permitted in limited circumstances only |
In practice
- Check that the person conducting the ceremony is legally authorised to do so: that single fact usually decides whether you are married.
- Give the required notice to the civil authority in advance — the waiting periods are strict.
- Make sure the marriage is registered afterwards and obtain several certified copies.
- If the ceremony has no civil effect, put a written agreement in place to protect the financially weaker partner.
- Register whichever type of marriage you contract: registration is required for all five.
Where to go
- Registrar of Marriages, Office of the Attorney General.
- Huduma Centres for registration services.
- FIDA Kenya and other legal aid organisations.
Worth knowing
A civil or Christian marriage cannot later become polygamous, and a second marriage is bigamy. The type chosen at the outset has lasting consequences. Choosing a monogamous type forecloses a later polygamous marriage. That choice, made at the wedding, is effectively permanent.
Official sources and links
- eCitizen — official government services portal