TYPES OF MARRIAGE IN KENYA 

In Kenya, five types of marriages are recognized under Section 6 of the Marriage Act. These are:

1. Christian marriages

2. Civil marriages

3. Customary marriages

4. Hindu marriages

5. Islamic marriages

Each type of marriage has its own legal requirements for formation, recognition, and registration. Below is a detailed overview of each type of marriage, including its key characteristics and the legal process required for registration. 

I.CHRISTIAN MARRIAGE

A Christian marriage is celebrated in accordance with the rites and doctrines of a recognized Christian denomination. It is strictly monogamous, meaning neither party can marry another person while the marriage subsists. Christian marriages are typically conducted by a licensed minister in a church or other authorized place of worship and often involve pre-marital counseling and adherence to church procedures.

Legal Process for Registration:

1. Notice of Marriage
   The parties file a notice of intention to marry with the Registrar of Marriages.

2. Publication of Notice
   The notice is displayed for a statutory period (usually 21 days) to allow for objections.

3. Issuance of Marriage License
   If no objection is raised, a marriage license is issued.

4. Solemnization of Marriage
   The marriage is conducted by a licensed minister in a registered place of worship.

5. Registration and Certification
   The officiating minister submits the marriage returns to the Registrar, and a marriage certificate is issued.

Christian marriages emphasize lifelong commitment, fidelity, and religious values.

II. CIVIL MARRIAGE

A civil marriage is a non-religious union conducted by the Registrar of Marriages or an authorized officer of the state. It is also strictly monogamous. This type of marriage is ideal for couples who prefer a purely legal process or come from different religious backgrounds.

Legal Process for Registration:

1. Notice of Marriage
   The couple submits a notice to the Registrar.

2. Waiting Period
   The notice is publicly displayed for 21 days to allow for objections.

3. Issuance of Marriage License
   Upon lapse of the notice period without objection, the Registrar issues a license.

4. Solemnization
   The marriage is conducted at the Registrar’s office or an authorized venue in the presence of witnesses.

5. Registration and Certification
   The marriage is registered immediately, and a certificate is issued.

Civil marriages are straightforward and governed entirely by statutory law.

III. CUSTOMARY MARRIAGES

Customary marriages are celebrated in accordance with the customs and traditions of the parties’ respective communities. These marriages are potentially polygamous, meaning a man may marry more than one wife depending on the applicable customs. They are deeply rooted in cultural practices and often involve family participation, making the union not just between individuals but between families. Common elements include: Agreement between families, payment of dowry (where applicable) and performance of traditional rites and ceremonies.

Legal Process for Registration:

1. Performance of Customary Rites
   The parties must fulfill all essential customs of their community.

2. Collection of Evidence
   Proof such as witness statements or documentation of ceremonies may be required.

3. Application for Registration
   The couple applies to the Registrar of Marriages.

4. Submission of Required Documents
   Identification documents and proof of customary marriage are submitted.

5. Registration and Certification
   Upon verification, the Registrar issues a marriage certificate.

Although customary marriages may be valid under tradition, registration is important for legal recognition and proof.

IV. HINDU MARRIAGES

A Hindu marriage is celebrated where both parties profess the Hindu faith and is governed by the Marriage Act. It is generally monogamous. These marriages are conducted in accordance with Hindu religious rites and ceremonies, often in temples or designated religious venues. Common rituals may include: Sacred fire ceremonies, recitation of vows, traditional symbolic practices.

Legal Process for Registration:

1. Notice of Marriage
   The parties may issue a notice of intention to marry.

2. Celebration of Hindu Rites
   The marriage is conducted by a recognized officiant in accordance with Hindu customs.

3. Registration of Marriage
   The marriage is presented for registration with the Registrar.

4. Issuance of Certificate
   A marriage certificate is issued as legal proof.

Hindu marriages emphasize spiritual unity, duty, and cultural traditions.

V. ISLAMIC MARRIAGES

Islamic marriages are conducted in accordance with Islamic law (Sharia) and are potentially polygamous. An Islamic marriage (Nikah) is contractual in nature and emphasizes mutual rights and obligations between the parties. Key requirements include: Consent of both parties, Payment of mahr (dowry), Presence of witnesses and Offer and acceptance.

Legal Process for Registration:

1. Nikah Ceremony
   Conducted by an Imam or Sheikh in accordance with Islamic principles.

2. Preparation of Marriage Record
   The officiant documents the marriage details.

3. Submission for Registration
   The marriage is submitted to the Registrar or relevant authority.

4. Certification
   A marriage certificate is issued upon registration.

Matters relating to Islamic marriages fall under the jurisdiction of the Kadhi's Court, particularly where issues of personal law arise.

CONCLUSION

Kenya’s legal framework recognizes diverse forms of marriage to reflect its religious, cultural, and social diversity. Each type of marriage has distinct legal requirements for formation and registration, and it is essential to comply with these procedures to ensure full legal recognition. Understanding these differences helps individuals make informed decisions about the type of marriage that best aligns with their beliefs and circumstances.

For professional guidance on marriage registration and legal requirements in Kenya, please contact us to schedule a consultation.