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Top 10 things you need to know about the Marriage Law signed yesterday by President Uhuru

Top 10 things you need to know about the Marriage Law signed yesterday by President Uhuru

April 30, 2014

The Bill seeks to consolidate existing marriage laws into a single Act (currently seven).

Marriage – voluntary union of a man and a woman Sec 3(1)
Equality – both parties to marriage have equal rights all through Sec 3(2)
Age – A person must be 18 years to marry Sec 4
Witnesses – Any marriage must have 2 witnesses present (Sec 5(1)) excluding Pastor, Sheikh or Director or the person who officiates the marriage (Sec 5(3)).
Recognition – Christian, civil, customary, Hindu, Islamic marriages recognized and must be registered (Sec 6(1)). Practices of other group or faith may be notified in the Gazette (Sec 6(1)(f))
Monogamy – Christian, Hindu or civil marriages are monogamous (Sec 6(2)
Polygamy– Islamic and customary marriages are potentially polygamous (Sec 6(3)
Conversion – marriage can be converted from potentially polygamous to monogamous if both spouses voluntarily agree (Sec 8(1))
– Husband must have only one wife at the time to convert to monogamy
– New certificate to converted couples
Subsisting Marriages – No one in a monogamous marriage can contract another marriage. No one in a polygamous marriage can contract a monogamous marriage (Sec 9).
Blood Relations – prohibited marriage relationship – cousins, nephews, uncles, parents, sisters, brothers;
– Marriage amongst cousins professing Islamic faith not forbidden (Sec 10(4)).
Void Marriages (Sec 11(1))
Married parties treated as if there was no marriage at all –
– underage,
– parties are within the prohibited marriage relationship;
– either party is already married;
– by court order
– consent parties not been freely given (fraud, coercion, mental disorder, influence of drugs, intoxication);
– either party is absent from the ceremony;
– parties permit unqualified person to celebrate the union;
– parties are mistaken about the identity of the other party; or
– parties enter the marriage for fraudulent purposes.
(Sec 11(1))
Voidable Marriage
Parties have a choice and can decide to uphold the marriage on the grounds that–
– marriage was not consummated
– Recurrent attacks of insanity
– No notice was given
– Notice of objection not yet withdrawn
– Unlicensed person
– Minor procedural errors
– Failure to register the marriage
I need a break (Sec 14)
– Parties to civil marriages (only) can agree to live apart for one year (Sec 14(1)
– Agreement filed in court, court can vary or set aside the agreement where circumstances have changed
Widow/ers
– May elect to marry or stay un-married
Duration of Marriage
Marriage to last until
-death
-presumption of death
-annulment
-divorce within Kenya or abroad

By Kenya Law Reports

Filed Under: News Tagged With: Uhuru Kenyatta

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