Getting Married in Kenya

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.

Types of Marriages Recognized in Kenya

Kenya officially recognizes six types of marriages under law and practice:

1. Civil Marriage

• Definition: A non-religious marriage conducted by a government registrar.
• Venue: Registrar’s office or licensed venue.
• Requirements: 18+, single, and notice of intent filed.
• Status: Monogamous.

2. Christian Marriage

• Definition: A marriage conducted by a licensed Christian minister.
• Venue: Licensed church or religious venue.
• Requirements: Both must be Christians and give notice.
• Status: Monogamous.

3. Hindu Marriage

• Definition: A marriage performed under Hindu rites and religion.
• Venue: Temple or religious location.
• Requirements: Both must be Hindus.
• Status: Monogamous.

4. Islamic Marriage

• Definition: A marriage conducted under Islamic law.
• Venue: Mosque or agreed venue.
• Requirements: Both must be Muslims; officiated by Kadhi.
• Status: Polygamous (up to 4 wives).

5. Customary Marriage

• Definition: A traditional marriage under Kenyan ethnic community customs.
• Requirements: Performance of customary rites, often involving dowry.
• Status: Monogamous or polygamous depending on the culture.
• Registration: Encouraged but not mandatory.

6. Cohabitation / Presumed Marriage

• Definition: Informal marriage based on long-term cohabitation and community recognition.
• Legal Basis: Recognized by courts under the “presumption of marriage.”
• Status: Not formally registered; upheld in court during disputes.

Summary Table

Registrar of Marriages – Services and Offices

The Registrar of Marriages is responsible for overseeing all official marriage processes in Kenya, as provided for by the Marriage Act, 2014.

Core Services Offered

• Registration of Marriage by Notice
• Registration of Marriage by Special License
• Application for Certified Copy of a Marriage Certificate
• Certificate of No Impediment to Marriage
• Registration of New and Existing Marriages
• Registration of Foreign Marriages
• Handling Objections to Marriage
• Licensing Ministers of Faith
• Issuance of Marriage Books

Marriage Registration Offices

• Online Marriage Services: Available only in Nairobi County
• Local offices: District/Sub-County Commissioners’ offices countrywide
• Regional Registrar Offices: Nakuru, Eldoret, Kisumu, Malindi, Embu, Meru, Kisii, and Machakos

Other Legal Services Offered

• Registration of Child Adoption
• Registration of Societies
• Registrar of Coat of Arms
• Advocates Complaints Commission
• Provision of Legal Aid Services
• Compensation for Victims of Crime
• Administrator General (Public Trustee)

Helpful Links

• eCitizen Portal
• Business Registration Services
• Kenya Law
• Kenya National Human Rights Commission

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.