A special license for marriage is ideal for couples who wish to marry quickly, outside the formal notice period required for marriages or when the couple decides to marry in a location not covered by the church or registrar’s office.

Whether you’re a Kenyan citizen or a foreigner, this guide will walk you through everything you need to know about acquiring a special license for marriage in Kenya.

What is a Special License for Marriage?

A special license is a legal document issued by the Registrar of Marriages. It allows couples to bypass the traditional 21-day notice period required for most marriages. This license is useful if you have personal, religious, or practical reasons for getting married without waiting for the notice period.

The legal framework for marriage in Kenya is governed by the Marriage Act which provides guidelines for different types of marriages, including those solemnized by civil, religious, customary, and Hindu rites.

Who Can Apply for a Special License?

Couples wishing to marry under the Marriage Act can apply for a special license, provided they meet certain criteria. The main requirements include:

1. Both parties must be at least 18 years old.
2. Both parties must consent to the marriage.
3. The marriage should not be prohibited by law (e.g., marrying a close relative).
4. Foreign nationals must have valid passports and visas.

This flexibility allows both locals and foreigners, as well as couples from different nationalities, to marry in Kenya without lengthy delays.

Steps to Acquire a Special License for Marriage

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

1. Visit the Registrar of Marriages
   Begin by visiting the Office of the Registrar of Marriages, located at Sheria House in Nairobi, or any authorized registrar across the country. Both parties must appear in person.
2. Submit the Required Documents
   You will need to provide the following documents:
   • Original birth certificates or passports.
   • National ID cards for Kenyan citizens.
   • An affidavit stating there is no lawful impediment to the marriage.
   • Passport-sized photos.
   • Proof of dissolution of previous marriages (if applicable).
3. Pay the Application Fee
   The fee for obtaining a special license ranges between Ksh 9,700 to Ksh 14,200 depending on the location of the marriage ceremony and the registrar’s discretion. Payment is made at the cashier’s office after submitting your documents.
4. Wait for Approval
   The Registrar will review your application and documents. If all is in order, the license will be issued, typically within 24 hours. You can then proceed with the wedding ceremony, whether it is at a venue of your choice, a hotel, or even at home.

Benefits of Acquiring a Special License

A special license is advantageous for several reasons:

• No Notice Period: You can marry almost immediately after getting the license. This is convenient for couples facing time constraints.
• Flexible Venue: You can choose a wedding venue outside the traditional churches or registries, such as a private garden or a scenic location.
• For Foreign Nationals: It simplifies the process for foreign couples or couples where one partner is not Kenyan.

Legal Implications and Relevant Case Law

While obtaining a special license is straightforward, it is important to ensure that your marriage complies with Kenyan law. The Marriage Act provides for the recognition of marriages solemnized under a special license, but it also imposes legal obligations on both parties, including spousal maintenance, inheritance rights, and legal separation processes.

In the case of Hussein Ali Gedi vs Fatuma Ahmed Ibrahim [2019] eKLR, the court annulled a marriage conducted under a special license due to fraudulent misrepresentation by one party. This case underscores the need for full disclosure and compliance with all legal requirements when obtaining a special license.

FAQs About Special Licenses for Marriage

1. How long does it take to get a special license?
   You can receive the license within 24 hours of submitting your documents and application fee.
2. Can foreigners apply for a special license in Kenya?
   Yes. Foreigners need to provide valid passports and visas, and an affidavit confirming they are not married elsewhere.
3. Is a special license necessary for a religious wedding?
   No. Religious weddings conducted by licensed ministers do not require a special license. However, if the venue is outside the designated locations, you may need one.
4. What if my documents are not in English?
   Documents not in English must be translated by an authorized translator before submission.

Conclusion

Navigating the process of acquiring a special license can be confusing, especially for foreigners. Hiring a lawyer can make the process smoother and stress-free. A lawyer will ensure that all documents are in order, that you comply with the Marriage Act, and that your marriage is legally recognized. Additionally, a lawyer can advise the couple on other legal matters related to your union.

Marriage is a significant step in life that should be started on the right foot.

Are you ready to make your union official? Contact us today for professional legal assistance in acquiring a special license for your marriage in Kenya!