Section 31 of the marriage act 2014 defines marriage as a voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with this act. A customary marriage is one that is conducted in accordance with the customs of communities of either both or one of the parties to the marriage. This act may be cited as the children act, 2017 and shall come into operation on such date as the cabinet secretary may, by notice in the gazette, appoint and different dates may be appointed for different provisions. An act to amend the civil registration act 2004 to remove the impediment to marriage of the parties being of the same sex. Jun 10, 2017 the act demands that couples married under customary marriage register their marriage at the office of attorney general. This essay seeks to argue that the marriage act 2014 not only violates kenyas obligation under international law but also violates the constitution of kenya 2010 article 274, which. Comewestay marriages post the 2014 marriage actrecent. The marriage act, 2014 recognizes five 5 systems of marriage, namely.
An act of parliament to provide for the rights and responsibilities of spouses in relation to matrimonial property and for connected purposes part i preliminary 1. Yet the marriage act 2014 outlaws marriage below the age of 18. May 01, 2014 marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union, kenyatta said in a statement. International relations regional focusarea studies husband and wife laws, regulations and rules husbandwife relations marriage law interpretation and construction. Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no. Recognition of foreign marriages as civil marriages in kenya. It is recommended that if one intends to get married in any part of kenya other than nairobi that they visit the registrar of marriages office in nairobi for proper guidance. Men are allowed to add other spouses without any due consent from their wives. Marriage 2014 3 all marriages registered under this act have the same legal status. The marriage act 2014 defines various types of marriages.
The interaction of legal systems is complex and often engenders conflict and competition. May 20, 2014 ochiel j dudley legal researcher kenya law date of assent. In this act, unless the context otherwise requirespolygamy means the state or practice of a man having more than one wifesimultaneously. Civil, christian, customary, hindu and islamic marriages. The following documents are required to register any of the mentioned marriages. Oct 15, 2015 the marriage act, 2014 does not recognize long cohabitation as a form of marriage as was the case before its enactment in the bills.
Indeed until july 1, 1981 when the law of succession act cap. The new marriage act also forbids people with mental disabilities from wedding at all. Other papers, report by journal of third world studies. Issuance of certificates of no impediment to marry for kenyan nationals. Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union, kenyatta said in a statement. It specifies that no person shall get engaged or betrothed to another who is under the age of 18. It emphasises recognition rather than merely registration, since registration might or might not be a prer equisite for recognition. Pdf the new land laws and impact of the rights of women.
You can optionally provide a password to protect this file. This clause if not changed will cause untold harm to many families as various males will choose a second wife in order to constrain the women bargaining powers in the. That even though the cause was heard on 28th may, 2014 after the commencement of the act the cause was filed before the commencement of the act. It is notified for public information that commencement of the marriage customary marriage rules 2017, and in furtherance of section 196 of the marriage act, 2014. Getting married in kenya state law office and department.
Marriage act 4 years ago admin laws and acts governing the system. Guidance on celebration of civil marriages at kenyan high commissions and consulates outside kenya. Among other objectives, the purpose of the bill is to consolidate the seven different marriage laws in the country. Comprehensive marriage law enacted global legal monitor. Kenya redefines marriage in a blow to womens rights the. Sep 07, 2017 early last month states attorney general githu muigai ordered that all marriages conducted under the african customary law be registered so as to comply with section 96 of the marriage act 2014. Securing your union under the marriage act lillian aluangadelvaux 24th may 2014 00. Cessation of application of married women property act. In 2014, kenya signed a joint statement at the human rights council calling for a resolution on child marriage. In this act, unless the context otherwise requires 1. Because there are four marriage systems in kenya, namely. Getting married in kenya state law office and department of justice. It includes any commenced amendment affecting the legislation to that date.
Short title this act may be cited as the matrimonial property. The new land laws and impact of the rights of women and children in kenya. The court held that the marriage act, 2014 was not applicable to a dispute that was filed on 31st october, 20 and thus before the act, which came into operation on 20th may, 2014. Customary marriage and monogamous or muslim marriage.
The kenyan marriage act 2014, will it survive the courts of. There is need for the government, nongovernmental organisations, community groups, and individual families to mobilise. May 2, 2014 on april 29, 2014, president uhuru kenyatta of kenya signed into law the marriage bill, 2014, a comprehensive law. Short title this act may be cited as the marriage act. This act may be cited as the law of marriage act, 1971, and shall, subject to the provisions of section 166, come into operation on the 1st day of may, 197 1. Marriage bill, 20 kenya law reform commission klrc. Pdf the new land laws and impact of the rights of women and. The need to reconcile customary law and womens rights kenya is a legally plural state where several different legal and normative systems operate alongside each other.
Registration of customary marriages in kenya is governed by the marriage customary marriage rules, 2017, under the marriage act. Kenya marriage act marriage act 2014 access original publishing page. Guidance on all marriages solemnized under the marriage act 4 of 2014. Customary marriages are governed by the recognition of customary marriages act, 1998 act no. Section 66bd of the act further provides that a marriage is deemed to have irretrievably broken down where. Signature of notice by person unable to write or to understand english.
Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the act. This is a compilation of the marriage act 1961 as in force on 1 july 2014. A new directive issued on friday by attorney general githu muigai has also tightened the noose on those who do not want to legalise their marriages by making it mandatory to those in unions made. Thika experiences significant increase in civil marriages.
Murithi who has been spearheading the exercise said that civil registration office has been a beehive of activities since the directive was made. Parliament passes comprehensive marriage bill, changes. A person shall not marry unless that person has attained the age of eighteen years. Marriage to take place within three months af ter notice. These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. Marriage 2014 the marriage act, 2014 an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title. The issue of long cohabitation was among the contentious issues that were left out in the act and which were in earlier draftsbills, the other issue having been the banning of. May 02, 2014 the greatest weakness of the 2014 marriage act is that it allows men to marry multiple wives. Parties to a marriage have equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage. Kenya redefines marriage in a blow to womens rights. Marriages, part vii marriages under islamic law of the marriage act 2014. The act further provides in section 73 that if one suffers from recurrent bouts of insanity then the partner is allowed to have the marriage annulled.
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