Civil Marriages in Kenya: A comprehensive Guide

Introduction

Civil marriages are one of the five legally recognized types of marriage in Kenya. Goverened by the Marriage Act, they stand out from the other types of marriage for their simplicity, inclusivity, and affordability, among other advantages that make it a popular option for many couples.

This article summarizes civil marriages. It includes the legal implications, the process, requirements, costs, and advantages of civil marriages. It also distinguishes civil marriage from other types of marriages recognized in Kenya.

Legal Implications of Civil Marriage in Kenya

By entering into a civil marriage, the couple obtains immediate legal recognition of their union under Kenyan law. A civil marriage creates the following rights and obligations for the parties:

• Legal recognition of the marriage in both domestic and international jurisdictions;
• Equal rights between spouses, for example, in property ownership, decision-making, and child custody matters;
• The right to file for divorce should the marriage break down;
• A bar to contracting a concurrent marriage, i.e. polygamy; and
• Equal rights to the inheritance of property in the case of the death of either spouse.

Requirements for a Civil Marriage in Kenya

To contract a civil marriage in Kenya, you must meet certain legal requirements. Both parties must:

1. Be of sound mind;
2. Be 18 years old or older;
3. Not having an existing valid marriage;
4. Not be closely related by blood or adoption; and
5. Freely consent to the marriage.

Documents required during application for a civil wedding are:

• Original and copies of valid ID cards or passports of each party;
• Original and copies of valid Ibirth certificates of each party (for a smooth process, ensure that all names on the Identification document and birth certificate match);
• Coloured passport-size photographs of each party;
• A duly filled application form (available at the Registrar’s office and/or e-citizen).
• A signed affidavit confirming that by each party declaring that they are single (or divorced/widowed if applicable); and
• proof of a divorce or annulment, or a death certificate of a previous spouse in case one of the parties was previously married.

If either party is a foreigner, the foreigner is required to provide additional documents, such as a certificate of no impediment from their home country, as proof that there is no legal barrier to the marriage.

Civil Marriages in Kenya: The Process

The Registrar of Marriages oversees all civil marriages. To enter into a civil marriage, you are required to do the following:

1. Submit a Notice of Marriage at the Office of the Registrar of Marriages and provide all the required documents.
2. Wait for the statutory 21-day public notice period, unless applying for a special license.
3. Book a date for the ceremony (subject to availability); and
4. Attend the ceremony at the Registrar’s office or a licensed venue.

At the end of the process, the parties receive a marriage certificate, which is the legal proof of their marriage under Kenyan law. This certificate is a crucial document for purposes such as changing your name, joint property ownership, and proving marital status in legal situations.

A Special License is a special type of license granted to persons who cannot wait for the mandatory 21-day period allowing for objections. It allows the parties to get married immediately.

The Cost of a Civil Wedding in Kenya

The cost of civil marriage in Kenya depends on the process you choose. There are two main options:

1. Notice of Marriage at the Registrar’s Office: You will be required to give a 21-day public notice of your intention to marry, which costs KSh 600. After the notice period, the marriage ceremony costs KSh 3,900.
2. Special License: If you cannot wait for the 21-day notice period, you can apply for a special license, which costs KSh 7,200. The ceremony fee remains KSh 3,900.

The total cost, therefore, depends on whether you opt for a notice or a special license.

You may also choose to have a wedding reception. This will be at an additional cost.

Civil Marriage vs. Other Types of Marriage in Kenya

While customary and religious marriages are embedded in tradition and religion, civil marriages are designed to be neutral and flexible. Below is a brief comparison:

• Customary Marriages: These are governed by specific communities’ traditional practices and customs. For a customary marriage to be legally recognized, it must adhere to the marriage rites of the community, such as dowry negotiations.
• Religious Marriages: This includes Christian, Hindu, and Islamic marriages, where a religious leader or officiant conducts the marriage. Religious marriages must follow specific faith-based rites and are registered afterwards with the government.
• Civil Marriages: No cultural or religious requirements apply. This makes civil marriages a preferred option for interfaith or non-religious couples and those looking for a quicker, more straightforward process.

Each type of marriage has its benefits. However, civil marriages offer the distinct advantage of legal clarity and ease of dissolution in cases of separation or divorce.

Advantages of Civil Marriage in Kenya

There are several advantages to opting for a civil marriage:

1. Legally Binding: A civil marriage is recognized by the Constitution of Kenya and is enforceable under the law. This means that any disputes, including divorce or division of property, can be handled through the courts.
2. Simplicity: Civil marriages do not require complex rituals or ceremonies. The process is straightforward, and there is no need for religious or customary rites.
3. Inclusivity: It is open to people of all religions or no religion at all. Couples who do not want religious involvement in their union often choose civil marriage.
4. Flexibility: Civil marriages offer flexibility in location and timing. You can hold your ceremony at a Registrar’s office or choose a licensed venue, and couples can opt for a special license if they need the process expedited.
5. Protects Both Parties: The Marriage Act gives both parties equal legal standing, ensuring protection in the event of divorce, inheritance, or death. Civil marriages also avoid potential conflicts that may arise from customary or religious expectations.
6. Applicable to Foreigners: Foreign nationals can easily marry in Kenya under civil law, which may not be possible under certain religious or customary laws.

Divorce in Civil Marriages

The grounds for divorce in civil marriages include adultery, cruelty, desertion, and the irretrievable breakdown of the marriage, among others. This differs from divorce under a customary marriage and divorce under a religious marriage, where obtaining a divorce may require additional cultural or religious steps.

Read: The Divorce Process in Kenya for more information.

Conclusion

Civil marriages in Kenya offer a legally binding, simple, and inclusive way for couples to formalize their union. The process is straightforward, and it provides equal legal rights to both parties. Whether you are looking for a quick, no-fuss ceremony or need a secure legal foundation for your marriage, a civil marriage is a reliable option.

If you are considering a civil marriage and need legal help, Schedule A Consultation with our team, Email Us or fill out the form on our Contact Us page.