Civil marriages are one of five legally recognized types of marriage in Kenya under the Marriage Act. It stands out from the other types of marriage for its simplicity, legality, and inclusivity, making it a popular option for many couples.

This article aims to summarize civil marriages, including the process, requirements, costs, legal implications, and advantages. Plus, it will help distinguish civil marriage from other types of marriages recognized in Kenya.

The Process of Civil Marriage in Kenya

The civil marriage process is clear-cut and overseen by the Registrar of Marriages. To begin, the couple must visit the Registrar’s office to file a Notice of Marriage. This notice is published publicly for 21 days to allow any objections. If no objections are raised, the couple can then proceed to set a date for the marriage ceremony.

However, if you cannot wait for the notice period, you can apply for a Special License, allowing you to marry immediately. After the marriage ceremony, a civil marriage certificate is issued, confirming the legal union. This certificate is a crucial document for purposes such as changing your name, joint property ownership, and proving marital status in legal situations.

Steps to Follow to Enter a Civil Marriage

1. Submit a Notice of Marriage at the Registrar’s office.
2. Wait for the 21-day public notice period, unless applying for a special license.
3. Attend the ceremony at the Registrar’s office or a licensed venue.
4. Receive your marriage certificate, a legal proof of your marriage under Kenyan law.

Legal Implications of Civil Marriage in Kenya

Civil marriage, under the Marriage Act, provides legal recognition and protection to both spouses. This includes property rights, custody rights, and inheritance rights. Importantly, the law recognizes equality between spouses, meaning decisions regarding property, children, and finances are made jointly.

Additionally, civil marriages allow for legal recourse in the event of divorce. If one or both parties decide to dissolve the marriage, they can seek a divorce through the courts.

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

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 traditional practices and customs of specific communities. 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, as well as 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.

What is Required 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 above.
3. Not be in an existing valid marriage (unless applying for a divorce or annulment).
4. Not be closely related by blood or adoption.
5. Both parties must consent freely to the marriage.

Documents Required:

• Original ID cards or valid passports for both parties.
• Coloured passport-size photographs of each party.
• Duly filled application form (available at the Registrar’s office).
• A signed affidavit confirming both parties are single (or divorced/widowed if applicable).

If either party is a foreigner, additional documents may be required, including a certificate of no impediment from their home country, proving there is no legal barrier to marriage.

How Much Does it Cost to Have a Civil Marriage 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.

Implications of a Civil Marriage

By entering into a civil marriage, the couple obtains immediate legal recognition of the marriage by the government under Kenyan law. Further, the marriage comes with specific rights and obligations for both parties. Some of these include:

• Equal rights between spouses in property ownership, decision-making, and custody matters.
• Legal recognition of the marriage in both domestic and international jurisdictions.
• Right to file for divorce under Kenyan law should the marriage break down.
• Inheritance rights are also provided under civil law, protecting both parties’ interests in case of death.

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.

Legal Backing of Civil Marriages

Like the other types of marriage, civil marriages are governed by the Marriage Act. Courts have consistently upheld the validity of civil marriages, as demonstrated in cases such as BMN v GM [2021] eKLR, where the High Court validated the rights of parties in a civil marriage. The court emphasized that both parties in a civil marriage enjoy equal rights and are protected under the law. Furthermore, civil marriages provide a clear legal pathway for divorce and separation under Kenyan law.

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 or need guidance on the process, reach out to Wacu Mureithi & Co. Advocates. Our experienced team can assist you in navigating the legal requirements and ensuring your marriage is recognized by law.