AFRICAN CUSTOMARY MARRIAGES IN KENYA
AFRICAN CUSTOMARY MARRIAGES
There are various types of marriages recognized under the Kenyan law under the Marriage Act of 2014.They include; Christian marriage, civil marriage, African customary marriage and Islamic marriages.
Section 43 to section 45 of the Marriage Act part 5 lists the legal requirements for a marriage to qualify as an African customary marriage. The requirements are listed below;
1. The marriage should have been celebrated according to the customs of one of the parties.
2. The marriages are potentially polygamous.
3. There is a requirement for the payment of dowry and even if it’s a small amount paid, it suffices as dowry.
4. Consent of both parties is required and a lack of it means a court of law can invalidate that marriage.
5. Within 3 months of the marriage, you are required to send a notification to the registrar of marriages and specify the traditions involved e.g. Kikuyu, Kamba etc.
6. This notification is accompanied by a written declaration that the customs of the community were observed by two witnesses who participated in the celebrations.
7. All the parties must have been over the age of 18 years, gave free consent and it should not be a prohibited relationship.
8. Both parties are required to appear before the registrar and if satisfied, he/she will issue a marriage certificate, all within 6 months.
Further, the Customary Marriages Rules 2017 further define a customary marriage as one that is contracted in accordance with the customs of the communities of the parties and it requires all customary marriages to be registered starting from 1st August 2017.The marriage should be registered within 6 months of completion of the customary rites. You can only have the existence of a customary marriage if its registered and you have a certificate of customary marriage.
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October 15, 2024 ReplyTesting