The Marriage Act, 2014 governs all marriages in Kenya, giving effect to Article 45 of the Constitution, which recognizes the family as the natural and fundamental unit of society that must be protected by the state.
Marriage in Kenya is defined as a voluntary union of a man and a woman, whether in a monogamous or polygamous setting, and must be registered under the Marriage Act for legal recognition.
Kenya officially recognizes six types of marriages under law and practice:
Marriage Type | Religious | Formal Ceremony | Polygamy Allowed | Legal Registration |
---|---|---|---|---|
Civil | No | Yes | No | Yes |
Christian | Yes | Yes | No | Yes |
Hindu | Yes | Yes | No | Yes |
Islamic | Yes | Yes | Yes | Yes |
Customary | Sometimes | Yes | Sometimes | Optional |
Cohabitation | No | No | Not Defined | No (Court-recognized) |
The Registrar of Marriages is responsible for overseeing all official marriage processes in Kenya, as provided for by the Marriage Act, 2014.
Note: While not all marriages are formally registered (e.g., customary or cohabitation), legal registration is strongly advised to protect both parties under Kenyan law.