Introduction
A Civil Marriage in Kenya is a legally recognised union celebrated under the Marriage Act, 2014, before a Registrar of Marriages or a licensed minister in a civil setting. It is one of the five types of marriages recognised under Kenyan law. This form of marriage is ideal for couples seeking a non-religious, yet fully legal union that guarantees spousal rights and protection of these rights under the law.
Civil marriages may be conducted either by notice—the standard 21-day public notice procedure —or by special licence, which allows couples to marry more quickly under special circumstances. Understanding the distinction between the two options is essential, as it affects timelines, documentation, and cost.
Whether you are a Kenyan citizen or a foreigner marrying in Kenya, this guide explains every step of the civil marriage process, including the requirements, legal implications, and advantages of this type of marriage.
Table of Contents
- Introduction
- Requirements for a Civil Marriage in Kenya
- Civil Marriage in Kenya: The Process
- The Civil Ceremony
- Cost of a Civil Marriage
- Legal Implications of a Civil Marriage
- Civil Marriage vs Other Types of Marriage in Kenya
- The Advantages of a Civil Marriage
- Divorce in Civil Marriages
- Conclusion 🡥
Requirements for a Civil Marriage in Kenya
To contract a civil marriage in Kenya, both parties must meet the following legal requirements:
- Be of sound mind;
- Be aged 18 years or older;
- Not be married to anyone else;
- Not be related by blood or adoption to the person you want to marry; and
- Freely consent to the marriage.
Documents Required
When applying for a civil wedding through the Registrar of Marriages, you will need to provide:
- Original and copies of valid National ID cards or passports for each party;
- Original and copies of valid birth certificates (ensure names match your ID/passport);
- Coloured passport-size photographs of each party;
- A duly filled marriage application form (available through eCitizen);
- An affidavit sworn before a Commissioner for Oaths confirming that each party is single, divorced, or widowed (as applicable); and
- Proof of divorce, annulment, or death certificate of a previous spouse (if applicable).
If both parties are Kenyan nationals, you may marry by notice (standard process).
Special Requirements for Foreigners
If either or both parties are foreign nationals, they must:
- Apply under the Special License process;
- Provide a Certificate of No Impediment from their home country;
- Present a valid Kenyan visa and plane ticket or a valid permit or pass to reside in Kenya; and
- Sometimes, provide a letter from their embassy confirming marital status.
A special licence applies to Civil, Christian, or Hindu marriages where:
- One or both parties are foreign nationals; or
- The marriage is taking place outside a gazetted location (for example, a beach, hotel, or garden).
Civil Marriage in Kenya: The Process
All civil marriages are overseen by the Registrar of Marriages under the Marriage Act, 2014. The process depends on whether you are marrying by notice or by special licence.
Marriage by Notice (Standard Civil Marriage)
- Submit a Notice of Marriage through the Office of the Registrar of Marriages with all required documents.
- Wait the mandatory 21-day public notice period.
- After 21 days, pay KES 800 for a Certificate of Clearance.
- Book a date for the ceremony (subject to availability).
- Attend the ceremony at the Registrar’s office or licensed venue.
Marriage by Special Licence (Expedited Process)
This option allows couples to marry without waiting for the 21-day notice period. It is particularly suited for foreigners or couples with urgent circumstances (such as travel or work timelines).
Steps:
- Apply for a special licence with supporting documents.
- The Registrar verifies the documents and approves the licence.
- Once approved, the couple can book a date for the ceremony.
Realistically, a special licence process—including document verification, approval, and scheduling—takes approximately one to two weeks depending on the Registrar’s workload.
The Civil Ceremony
The ceremony is conducted before a Registrar or licensed officiant. It typically lasts about 10–15 minutes and ends with the signing of the marriage register and issuance of the marriage certificate, which serves as legal proof of marriage under Kenyan law.
This certificate is vital for:
- Changing your name;
- Joint property ownership;
- Proving marital status; and
- Spousal visa or inheritance matters.
The Cost of a Civil Marriage in Kenya
The cost of civil marriage in Kenya depends on whether you marry by notice or by special license.
| Process | Description | Total Cost (KES) |
|---|---|---|
| Marriage by Notice | 21-day public notice, Certificate of Clearance (KES 800), and ceremony | KES 5,300 (600 + 800 + 3,900) |
| Marriage by Special Licence | Licence fee (KES 7,200), and ceremony fees | KES 11,100 (7,200 + 3,900) |
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Fees are subject to change. Always confirm current rates via the eCitizen portal.
Legal Implications of Civil Marriage in Kenya
A civil marriage is monogamous and legally binding under Sections 60–69 of the Marriage Act, 2014. Upon registration, the couple acquires the following rights and obligations:
- Legal recognition of the marriage in Kenya and internationally;
- Equal rights in property ownership, decision-making, and parental responsibilities;
- The right to seek a divorce if the marriage breaks down;
- A bar against polygamy or the right to enter into any other marriage while the civil marriage subsists; and
- Equal rights to inheritance upon the death of either spouse.
Civil marriages provide clarity and enforceability since they are governed by the Marriage Act, 2014, without the added complexities of customary or religious rites.
Civil Marriage vs. Other Types of Marriage in Kenya
While customary and religious marriages are rooted in tradition and faith, civil marriages are entirely secular and governed by statute.
| Type of Marriage | Key Features | Legal Basis |
|---|---|---|
| Customary Marriage | Conducted according to community customs (e.g., dowry negotiations). Must comply with the traditions of the parties’ community. | Marriage Act, Part V |
| Religious Marriage | Conducted by religious leaders under specific rites (Christian, Hindu, or Islamic). | Marriage Act, Parts III–IV |
| Civil Marriage | Conducted by a Registrar or licensed officiant without religious or cultural elements. | Marriage Act, Part VI |
Civil marriage is ideal for interfaith, non-religious, or foreign couples who want legal certainty without cultural or religious prerequisites.
Advantages of Civil Marriage in Kenya
- Legally Binding and Protected – Recognised by the Constitution and enforceable in court.
- Simple and Efficient Process – Minimal ceremonies and paperwork.
- Inclusive – Open to all persons regardless of religion, ethnicity or nationality.
- Flexible – Can be held at a Registrar’s office or licensed venue, and expedited through a special licence.
- Protective – Guarantees both parties equal rights of protection in case of divorce or death.
- Accessible to Foreigners – Easily accommodates international couples who meet documentation requirements.
Divorce in Civil Marriages
Civil marriages can be dissolved by a decree of divorce under the Marriage Act. Grounds for divorce include:
- Adultery;
- Cruelty;
- Desertion;
- Exceptional depravity; or
- Irretrievable breakdown of the marriage.
For a detailed breakdown of the procedure, read our companion article: The Divorce Process in Kenya.
Conclusion
Civil marriages offer a simple, inclusive and legally binding way to formalise your union in Kenya. It guarantees equal rights, protects both parties, and provides legal clarity on matters of property, children, inheritance, and divorce.
If you are planning a civil marriage and need professional guidance on documentation, process, or registration:
📞 Schedule a Consultation | ✉️ Email Us | 💬 Contact Us
At Wacu Mureithi & Co. Advocates, we assist local, foreign and mixed nationality couples through every stage — from document preparation to ceremony and certification.
Frequently Asked Questions (FAQs)
1. How long does a civil marriage take in Kenya?
A marriage by notice takes about 3–4 weeks (including the 21-day notice and booking period). A marriage by special licence typically takes 1–2 weeks, depending on the availability of dates for verification and an officiant to conduct the ceremony.
2. Can foreigners marry in Kenya under civil law?
Yes. Foreigners can marry under civil law using a special licence and must present a Certificate of No Impediment and proof of legal stay in Kenya.
3. Is a civil marriage monogamous or polygamous?
A civil marriage in Kenya is strictly monogamous, meaning neither party can marry another person while it subsists.
4. Where can a civil marriage ceremony take place?
Civil ceremonies are conducted at the Registrar’s office or at a licensed venue such as a hotel, beach, garden, or private residence.
5. How much does a civil marriage cost in Kenya?
Between KES 5,300 (by notice) and KES 11,900 (by special licence), depending on your chosen process.
