Marriage By Special License in Kenya

In Kenya, a Special Licence for Marriage is issued on application to persons planning to get married, where:

• One or both partners are foreign nationals;
• The parties wish to get married without going through the usual 21-day notice period; and/or
• The parties wish to marry outside the Registrar’s office, holding the ceremony at venues such as a hotel, beach, or garden.

In such cases, the law requires Registration of the Marriage by Special License for the marriage to be valid. During the process, a license is issued by the Registrar of Marriages to conduct the marriage at the selected venue. The marriage must be conducted by an authorised person, who must then register the marriage. A Marriage Certificate is issued upon the successful registration of the union.

In this article, we explain what a Special License is. Who can apply for a Marriage by Special Licence and how? The costs involved, and general advice to help you through the process.

We provide a Special License for Marriage Application services to assist you in planning for your big day. Please contact us via Email, WhatsApp or Schedule A Consultation for more personalised assistance.

What is a Special License for Marriage?

In Kenya, marriage is governed by the Marriage Act. It provides for five different types of marriages, namely Civil, Customary and those celebrated under the Christian, Hindu and Islamic faiths.

A Special License for Marriage is a legal document issued by the Registrar of Marriages. It allows couples to either bypass the traditional twenty-one (21) day notice period required for marriages under the Marriage Act, marriage in Kenya by foreign nationals where one or both parties are foreigners and marriage at a place other than the Registrar’s Office or a registered place of worship.

Who Can Apply for a Special Marriage License?

Under the Marriage Act, a couple wishing to marry in Kenya must meet the following basic criteria:

1. Both parties must be at least 18 years old.
2. Both parties must consent to the marriage.
3. Both parties must have the capacity to marry, i.e. not be married.
4. The marriage should not be prohibited by law (e.g., marrying a close relative).

A Marriage By Special License is only possible and or necessary for marriages under a Civil, Christian and Hindu marriages. Therefore, both parties must be single at the time of application. This is because polygamy is not allowed under Civil, Christian and Hindu marriages.

Regardless of nationality, both parties must ensure that they have been present in Kenya for at least seven (7) days before the date of their Application.

Circumstances That Warrant The Need for a Special Marriage License.

Some of the circumstances that may make it necessary for parties to obtain a Special License for Marriage include:

• Foreign Nationals: A foreign national must apply for a special license to get married in Kenya. This is regardless of whether they are marrying a Kenyan or another foreign National.
• Wedding outside the Place of Worship or Registrar’s Office: A couple that wants to hold their wedding ceremony in a hotel, beach, garden or place of residence must do so by Special License.
• Speed: A couple who wish to get married quickly, as they do not have time to wait for the statutory twenty-one (21) day waiting period under a Marriage by Notice (where parties must wait for the statutory period to lapse after filing a Notice of Intention to Marry). For example, if the parties are required to immigrate for work or other reasons, a marriage certificate is necessary to facilitate the move.

What Documents are Required for a Special Marriage License?

Kenyan Nationals

The following documents are required when one or both parties are Kenyan Nationals, resident in Kenya:

• National ID as an Identity document.
• Birth Certificate.
• Colored Passport Photo.
• Proof of Unmarried Status through one or more of the following:
  • Sworn Affidavit;
  • Divorce Decree Absolute (if previously married and divorced);
  • Death Certificate (If widow or widower); and
  • A Sworn Affidavit to confirm marital status if the Divorce Decree or Death Certificate is more than 2 years old.

Refugees

Where one or both of the parties are Refugees, they must provide a valid Alien Card in place of the National ID as their identity document. They must then also meet the rest of the requirements of a Kenyan national.

Foreign Nationals

The following documents are required when one or both parties are Foreign Nationals:

• Valid Passport as an Identity document.
• Birth Certificate.
• Colored Passport Photo.
• Proof of Unmarried Status, for example:
  • Certificate of No Impediment from Your Home Country
  • Divorce Decree Absolute;
  • Death Certificate (if Widow or Widower); and
  • A certificate of No Impediment if the Divorce Decree or Death Certificate is more than 2 years old.
• Proof of Presence in Kenya for at least seven (7) days before the date of Application
• Valid Visa and Air Ticket for the Return Trip on Visa expiry or Work Permit, as applicable
• Translation of any documents that are not in English

All documents provided must be in English or officially translated into English to be valid for this process.

The parties must also provide the following, where the marriage is to be conducted by a Minister of Faith:

• A copy of a valid license of the Minister of Faith.
• Serial number of the marriage book to be used.

Steps to Acquire a Special License for Marriage

To apply for a special license in Kenya, follow these steps:

1. Prepare the Required Documents
2. Submit an Application for the Special Marriage License on E-Citizen, and upload the required documents.
3. Visit the Registrar of Marriages for Document Verification
   During the Application process, you will be required to book a date for document verification at Sheria House in Nairobi or any authorised registrar across the country. Both parties must appear in person.
4. Pay the Applicable Fees
   The fee for obtaining a special license ranges between Ksh 7,200 and Ksh 16,700, depending on the place the marriage ceremony will be conducted and the registrar’s discretion.
5. Wait for Approval
   The Registrar will review your application and documents. If all is in order, the license will be issued.
6. License Issue
   You will be issued the Special License for Marriage, which may be valid for up to three (3) months. You can then proceed with the wedding ceremony, whether it is at a venue of your choice, a hotel, beach or even at a private residential home.

Conduct of a Marriage By a Special License

After issuance of a Special License, the parties are expected to hold their ceremony within the authorised dates.

Who Conducts the Ceremony?

A Marriage Under Special Licence may be conducted by an authorised officiant, including:

• a person authorised by the Registrar of Marriages Office; or
• a Minister of Faith, such as a priest or pastor.

Compliance with the Law During the Ceremony

The parties must ensure that they continue to comply with the Marriage Act during the ceremony, which, among other things, requires that:

• The parties must attend the ceremony in person.
• All parties must continue to be of sound mind, capable of entering into the marriage and give their consent during the proceedings.
• The ceremony must be attended by at least 2 witnesses who shall be adults of sound mind and who shall provide copies of their ID or Passport and sign the application for registration.
• The officiant must hold a valid license on the day of the ceremony.

Consequences of Non-Compliance

Failure to meet the requirements under the Act may render the process fraudulent and the marriage capable of annulment, with additional consequences of criminal charges such as forgery, falsifying or suppressing information, impersonation, bigamy, conducting a marriage without a valid license, among others.

Special Considerations When Applying for a Marriage by Special License.

When lodging your application with the Registrar of Marriages, pay special attention to the county or region in which your application is made. This ensures that the officiant who handles the Marriage, if the officiant is an authorised representative of the Registrar, has jurisdiction to officiate the ceremony.

Further, officiant fees may vary from county to county and may include transport and accommodation to cater to such costs outside of work.

Post-Ceremony Marriage Registration

After the ceremony is conducted, the officiant is required to register the marriage within the prescribed period. Registration is a separate process and results in the issuance of a marriage certificate. Failure to do so is an offence and may result in fines or non-recognition of the marriage under the law.

Conclusion

Acquiring a special license for marriage is a delicate process that is often time-sensitive. We provide a dedicated Special License Application Service to help make the process smoother and stress-free.

As your advocate, we will ensure that all documents are in order and that you comply with the Marriage Act. This helps ensure that your marriage is valid and legally recognised. Additionally, we provide specialised legal advice on other legal matters related to their union, including drafting Prenuptial Agreements, Applications for Dependant Passes, among others.

Are you ready to make your union official? Contact us today via Email, WhatsApp or Schedule A Consultation for more personalised professional legal assistance in acquiring a special license for your marriage in Kenya.