Civil Marriage in Kenya: Everything You Need to Know

Civil Marriage in Kenya: Everything You Need to Know

Weddings are always special for the bride and groom because they begin a new chapter in their lives. But weddings are not cheap in Kenya. While most prefer splashing money on this big day, others opt for a civil marriage. What are the requirements, procedures, and costs for a civil marriage in Kenya?

Civil marriage is a formal union between two individuals recognised by the state. In Kenya, the marriages are governed by the Marriage Act of 2014.

The Marriage Act allows a Kenyan citizen or a foreigner to wed through a civil marriage. However, understanding the requirements, procedures, and associated costs is essential before embarking on this significant life event.

What are the types of civil marriages in Kenya?

Kenya has two types of civil marriages. They include:

Civil marriage by notice

Civil marriage by notice is whereby a bride and groom who are Kenyan nationals or registered refugees residing in Kenya intend to marry under the Civil, Christian or Hindu marriage system.

The two shall give a written notice of at least 21 days to the Registrar of Marriages, and the marriage must be solemnised within 90 days from the date of notice.

Civil marriage by special license

Civil marriage by special license is whereby the two individuals cannot give a 21-day notice to the Registrar of Marriages. In that case, the Registrar of Marriages must conduct the marriage within 14 days of approval.

Also, the Registrar will issue the special license for Christian and Hindu marriages within three days of approval.

Civil marriage in Kenya covers Kenyan nationals, a Kenyan national and a foreign national, and foreign nationals, whether by notice or special license. The difference in these marriages will be in the documentation produced. However, the costs are the same.

What are the requirements for a civil marriage in Kenya?

Before opting for civil marriage, it is essential to be aware of the requirements set forth by the law. The following are the key prerequisites for individuals seeking to enter into a civil marriage:

Eligibility

Both parties must be at least 18 and of sound mind. Additionally, they should not be closely related by blood or marriage.

Notice of intended marriage

Under civil marriage by notice, the couple must give a notice of their intended marriage to the Registrar of Marriages at least 21 days before the marriage date. The Registrar publishes the notice for 21 days, allowing any objections to be raised.

Identification and documentation

Each party must provide their original birth certificate and a valid passport or national identification card. If either party was previously married, evidence of the termination of the previous marriage must be presented (Divorce Decree).

Other documents required include an alien card for refugees, a coloured passport-size photo for each applicant, a copy of the death certificate (if widow or widower), and an affidavit to confirm marital status in the event the Divorce Decree or the death certificate is more than two years old.

A foreign national marrying a Kenyan national must produce an air ticket and visa or work permit for those working in the country in addition to all the above documents.

Witnesses

The presence of two witnesses is mandatory during the marriage ceremony. These witnesses must have valid identification and be of legal age.

What is the procedure for civil marriage in Kenya?

Once the requirements are met, the procedure for entering into a civil marriage involves several steps:

Submission of notice

The couple submits a notice of their intended marriage to the Registrar of Marriages in the district where at least one of them has resided for 21 days preceding the notice.

Publication of notice

The Registrar publishes the notice at the district office for 21 days, during which anybody can raise objections to the marriage.

Issuance of marriage certificate

If no objections are raised during the 21 days, the Registrar of Marriages issues a certificate of no impediment, allowing the marriage to proceed.

Marriage ceremony

The couple can then proceed to have their civil marriage solemnised at the office of the Registrar of Marriages or any other place approved by the Registrar. The ceremony is conducted in the presence of the Registrar and two witnesses.

What are the costs involved in civil marriage in Kenya

The cost of civil marriage in Kenya depends on whether one decides to go for civil marriage by notice or by special license. However, the costs are affordable as follows:

Notice fee

An applicant must pay a notice fee of KES 600 online upon approval of their applications.

Clearance certificate

Upon successful completion of the interview, the bride and groom must pay a fee of KES 800 for the clearance certificate on the online platform if the wedding is to take place inside a licensed location.

Alternatively, they will have to pay KES 7,200 if the wedding occurs outside a licensed place of worship. The cost above applies to a civil marriage by notice.

For a civil marriage by special license and upon successful completion of the interview, parties must pay a fee of KES 9,700 if the wedding will take place at a licensed place of worship or a fee of KES 16,700 if the wedding will take place outside of a licensed place of worship.

Solemnisation of marriage

The bride and groom will also have to pay a fee of KES 3,300 online to allow the Registrar of Marriages to book them for the solemnisation of the marriage. The process can take between 30 and 90 days (30 days for notice and processing, marriage to be solemnised within 90 days).

Legal fees

In some cases, couples may choose to engage the services of a legal professional to assist with the preparation and processing of marriage documents. The legal fees vary based on the complexity of the case and the specific services required.

Who conducts civil marriage in Kenya?

The Registrar of Marriages performs civil marriages in Kenya. During the ceremony, the Registrar acts as the government's official representative, verifying the couple's identities and witnessing their vows.

The Registrar ensures that the marriage meets all the legal requirements of the Marriage Act 2014. The Attorney General and Department of Justice appoint the Registrar of Marriages in Kenya.

Thus, the officer enforces all Attorney General marriage requirements in Kenya when officiating a civil marriage. In areas that do not have the office of the Registrar of Marriages, the Deputy County Commissioners or Assistant County Commissioners conduct the civil marriage.

How many witnesses are needed for a civil wedding in Kenya?

In Kenya, two witnesses are required for a civil marriage. The couple must appear before the Registrar of Marriages with two witnesses to be granted the Marriage Certificate. The witnesses must have valid identification and be of legal age, including copies of identity cards or valid passports.

What does it mean to be married in civil marriage?

To be married in a civil marriage in Kenya means entering a voluntary union, as defined by the Marriage Act of 2014. The union must be between a man and a woman, whether in a monogamous or polygamous union and registered under this Act.

The Registrar of Marriages officiates the civil marriage in a place determined by the Registrar, and it is a legally recognised union that requires the consent of both parties, the presence of two witnesses, and adherence to the legal requirements set forth by the Marriage Act.

But a civil marriage could also mean a legally recognised marriage without a religious ceremony. Such a marriage is usually performed by some official other than a clergy member. The official could be a Registrar, governmental official, or functionary.

Where do civil marriages take place in Kenya?

Civil marriages in Kenya occur at the offices of the Registrars of Marriages throughout the country. One can also register their marriage at their local district or sub-county commissioner’s office.

Couples intending to marry in Nairobi can apply online through the e-Citizen platform. While the exact venue might differ based on the country, the marriage ceremony follows standard protocols outlined by the Marriage Act 2014.

Final word

Civil marriage in Kenya allows couples to wed without a clergy member. The Registrar of Marriages conducts civil marriages in Kenya. One can complete a civil marriage by notice or special license. The notice is 21 days long, and the marriage can occur within 90 days.

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