Weddings are always special for the bride and groom because they begin
a new chapter in their lives. But weddings are not cheap in Kenya. While most
prefer splashing money on this big day, others opt for a civil marriage. What
are the requirements, procedures, and costs for a civil marriage in Kenya?
Civil marriage is a
formal union between two individuals recognised by the state. In Kenya, the
marriages are governed by the Marriage Act of 2014.
The Marriage Act
allows a Kenyan citizen or a foreigner to wed through a civil marriage.
However, understanding the requirements, procedures, and associated costs is
essential before embarking on this significant life event.
What are the types of civil marriages in Kenya?
Kenya has two types of
civil marriages. They include:
Civil marriage by notice
Civil marriage by
notice is whereby a bride and groom who are Kenyan nationals or registered
refugees residing in Kenya intend to marry under the Civil, Christian or Hindu
marriage system.
The two shall give a
written notice of at least 21 days to the Registrar of Marriages, and the
marriage must be solemnised within 90 days from the date of notice.
Civil marriage by special license
Civil marriage by
special license is whereby the two individuals cannot give a 21-day notice to
the Registrar of Marriages. In that case, the Registrar of Marriages must
conduct the marriage within 14 days of approval.
Also, the Registrar
will issue the special license for Christian and Hindu marriages within three
days of approval.
Civil marriage in
Kenya covers Kenyan nationals, a Kenyan national and a foreign national, and
foreign nationals, whether by notice or special license. The difference in
these marriages will be in the documentation produced. However, the costs are
the same.
What are the requirements for a civil marriage in Kenya?
Before opting for
civil marriage, it is essential to be aware of the requirements set forth by
the law. The following are the key prerequisites for individuals seeking to
enter into a civil marriage:
Eligibility
Both parties must be
at least 18 and of sound mind. Additionally, they should not be closely related
by blood or marriage.
Notice of intended marriage
Under civil marriage
by notice, the couple must give a notice of their intended marriage to the
Registrar of Marriages at least 21 days before the marriage date. The Registrar
publishes the notice for 21 days, allowing any objections to be raised.
Identification and documentation
Each party must
provide their original birth
certificate and a valid passport or national
identification card. If either party was previously married, evidence of
the termination of the previous marriage must be presented (Divorce Decree).
Other documents
required include an alien card for refugees, a coloured passport-size photo for
each applicant, a copy of the death certificate (if widow or widower), and an
affidavit to confirm marital status in the event the Divorce Decree or the
death certificate is more than two years old.
A foreign
national marrying a Kenyan national must produce an air ticket and
visa or work permit for those working in the country in addition to all the
above documents.
Witnesses
The presence of two
witnesses is mandatory during the marriage ceremony. These witnesses must have
valid identification and be of legal age.
What is the procedure for civil marriage in Kenya?
Once the requirements
are met, the procedure for entering into a civil marriage involves several
steps:
Submission of notice
The couple submits a
notice of their intended marriage to the Registrar of Marriages in the district
where at least one of them has resided for 21 days preceding the notice.
Publication of notice
The Registrar
publishes the notice at the district office for 21 days, during which anybody
can raise objections to the marriage.
Issuance of marriage certificate
If no objections are
raised during the 21 days, the Registrar of Marriages issues a certificate of
no impediment, allowing the marriage to proceed.
Marriage ceremony
The couple can then
proceed to have their civil marriage solemnised at the office of the Registrar
of Marriages or any other place approved by the Registrar. The ceremony is
conducted in the presence of the Registrar and two witnesses.
What are the costs involved in civil marriage in Kenya
The cost of civil
marriage in Kenya depends on whether one decides to go for civil marriage by
notice or by special license. However, the costs are affordable as follows:
Notice fee
An applicant must pay
a notice
fee of KES 600 online upon approval of their applications.
Clearance certificate
Upon successful
completion of the interview, the bride and groom must pay a fee of KES 800 for
the clearance certificate on the online platform if the wedding is to take
place inside a licensed location.
Alternatively, they
will have to pay KES 7,200 if the wedding occurs outside a licensed place of
worship. The cost above applies to a civil marriage by notice.
For a civil marriage
by special license and upon successful completion of the interview, parties
must pay a fee of KES 9,700 if the wedding will take place at a licensed place
of worship or a fee of KES 16,700 if the wedding will take place outside of a
licensed place of worship.
Solemnisation of marriage
The bride and groom
will also have to pay a fee of KES 3,300 online to allow the Registrar of
Marriages to book them for the solemnisation of the marriage. The process can
take between 30 and 90 days (30 days for notice and processing, marriage to be
solemnised within 90 days).
Legal fees
In some cases, couples
may choose to engage the services of a legal professional to assist with the
preparation and processing of marriage documents. The legal fees vary based on
the complexity of the case and the specific services required.
Who conducts civil marriage in Kenya?
The Registrar
of Marriages performs civil marriages in Kenya. During the ceremony,
the Registrar acts as the government's official representative, verifying the
couple's identities and witnessing their vows.
The Registrar ensures
that the marriage meets all the legal requirements of the Marriage Act 2014.
The Attorney General and Department of Justice appoint the Registrar of Marriages
in Kenya.
Thus, the officer
enforces all Attorney General marriage requirements in Kenya when officiating a
civil marriage. In areas that do not have the office of the Registrar of
Marriages, the Deputy County Commissioners or Assistant County Commissioners
conduct the civil marriage.
How many witnesses are needed for a civil wedding in Kenya?
In Kenya, two
witnesses are required for a civil marriage. The couple must appear before the
Registrar of Marriages with two witnesses to be granted the Marriage
Certificate. The witnesses must have valid identification and be of legal age,
including copies of identity cards or valid passports.
What does it mean to be married in civil marriage?
To be married in a
civil marriage in Kenya means entering a voluntary union, as defined by
the Marriage
Act of 2014. The union must be between a man and a woman, whether in a
monogamous or polygamous union and registered under this Act.
The Registrar of
Marriages officiates the civil marriage in a place determined by the Registrar,
and it is a legally recognised union that requires the consent of both parties,
the presence of two witnesses, and adherence to the legal requirements set
forth by the Marriage Act.
But a civil marriage
could also mean a legally recognised marriage without a religious ceremony.
Such a marriage is usually performed by some official other than a clergy
member. The official could be a Registrar, governmental official, or
functionary.
Where do civil marriages take place in Kenya?
Civil marriages in
Kenya occur at the offices of the Registrars of Marriages throughout the
country. One can also register their marriage at their local district or
sub-county commissioner’s office.
Couples intending to
marry in Nairobi can apply online through the e-Citizen
platform. While the exact venue might differ based on the country, the
marriage ceremony follows standard protocols outlined by the Marriage Act 2014.
Final word
Civil marriage in Kenya allows couples to wed without a clergy member. The Registrar of Marriages conducts civil marriages in Kenya. One can complete a civil marriage by notice or special license. The notice is 21 days long, and the marriage can occur within 90 days.