On 20 march 2010, we organised a similar workshop on kadhis courts in kenya that have adjudicated muslim marriages, divorces and inheritance since the beginning of the 20th century. 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. Guidance on celebration of civil marriages at kenyan high commissions and consulates outside kenya. A new law that went into effect in kenya this week makes it legal for a man to marry as many women as he wants.
Marriage bill, 20 kenya law reform commission klrc. The gazette notice required that all customary marriages be registered from the 1st of august 2017. 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. For more pls visit here on 28th april 2014 president kenyatta signed the marriage bill into law. The proposed kenya marriage bill 20 linkedin slideshare.
Africa, tanzania with some concession to kenya and ghana. Kenyas parliament passes bill allowing polygamy world. Box 4384400100, nairobi, kenya abstract it is the opinion consensuses of a few scholars that the institution of marriage has continued to. Kenyas marriage bill 2014, signed into law by president uhuru kenyatta, legalizes the act of polygamy. Kenyan marriage, divorce and succession laws the commissioners appear ready to move rather more quickly than social change would appear to justify. Comewestay marriages post the 2014 marriage actrecent.
Patricia kaliati, minister of gender, children, disability and social welfare the 12th of february 2015 will go down into the history of malawi as the day on which malawi decided to address critical issues that affect the lives of malawians, especially women and the girl child. Among other objectives, the purpose of the bill is to consolidate the seven different marriage laws in the country. View notes marriage act summary kenya from law llbk 319 at kisii university. The following documents are required to register any of the mentioned marriages.
For more of this and other stories, grab your copy of the standard newspaper. 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. Kenyas new marriage bill manages to both legalize the longstanding cultural practice of polygamy and to bolster the religious mantra that marriage is only between a man and a woman and a woman. But in its essentials, this is a welcome and viable scheme for reform. Editorial if a man and a woman lived together and behaved as if they were married, in kenyan law, they are married. Polygamy is common among traditional communities in kenya, as well as among the countrys muslim community. In kenya, child marriage is still rampant, especially among the rural communities. The rights outlined herein are anchored in the constitution of kenya 2010 and in particular articles 2,221,26, 1 2,46,531 c and 70. The law replaces various other laws which have been at the moment repealed they include. May 2, 2014 on april 29, 2014, president uhuru kenyatta of kenya signed into law the marriage bill, 2014, a comprehensive law consolidating various laws governing religious, customary, and civil marriages and divorces in the country. Kenyas marriage bill in a recent article, judy thongori advises kenyans to read and understand the marriage bill, which was introduced into parliament in 2007. Polygamy and kenyas marriage bill africa on the blog. May 20, 2014 legal researcher the act seeks to consolidate existing marriage laws.
The marriage bill, 20 397 schedule repealed acts the marriage bill, 20 a bill for an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purpose enacted by the parliament of kenya as follows part ipreliminary short title. In this act, unless the context otherwise requirespolygamy means the state or practice of a man having more than one wifesimultaneously. Kenya is governed by the marriage customary marriage rules, 2017, under the marriage act. This devolution of power, if effectively leveraged, creates an opening for the. In 2014, kenya signed a joint statement at the human rights council calling for a resolution on child marriage.
Kenyas new polygamy law is a win for mens rights activists. Married women have been granted significant new protections under a new marriage bill, which goes before parliament tuesday. Getting married in kenya state law office and department. Permanent mission of the republic of kenya to the united nations 866 u. Indeed until july 1, 1981 when the law of succession act cap. In 20 kenya devolved much of the function and authority of its central government out to 47 newly created counties. Kenya redefines marriage in a blow to womens rights a push by kenyas president and maledominated parliament to overhaul marriage bodes ill for. Because there are four marriage systems in kenya, 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.
Has the kenyan marriage bill undone endeavors to protect the rights of women in a democracy. Analysis of the kenya 2010 counter trafficking in persons law. The registrar of marriages wishes to inform all parties married under african customary law that they are required to register their marriage starting 1 st of august, 2017. As she rightly notes, marriage affects all of us at one time in life, whether it is our marriages, our parents marriages, or those of our children. In kenya the institutions of marriage and succession are closely intertwined. At the inception a meeting held at the sarova panafric hotel in nairobi under the. A kenya gazette notice dated june 9 stated that marriage certificates would be issued to parties upon successful completion. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. The kenyan marriage act 2014, will it survive the courts.
These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. The law gives men the right to enter multiple marriages, without having to consult their existing spouses or obtain their consent. Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the act. Short title this act may be cited as the matrimonial property.
Laws of kenya the marriage act chapter 150 revised edition 2008 1984 published by the national council for law reporting nairobi. Pdf the new land laws and impact of the rights of women. President kenyatta assents to marriage and heroes bills nairobi, 29 april, 2014 pscu president uhuru kenyatta has signed into law the marriage bill 2014. The african christian marriage and divorce act act. 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. Short title this act may be cited as the marriage act. The african christian marriage and divorce act 4 years ago admin laws and acts governing the system. A reflection on the african traditional values of marriage.
Laws of kenya children act chapter 141 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. Registration of customary marriages shall be done within six months of the marriage after completion of the necessary rituals for the union and both shall appear in person before the director to be issued with the certificate of marriage. Polygamy and kenyas marriage bill may 27, 2014 by vera the marriage bill, which was just signed into law, is not all about polygamy. All kenyan couples married under the african customary law have been asked to register their union with the registrar of marriages. Guidance on all marriages solemnized under the marriage act 4 of 2014. The commissions and their terms of reference in 1967, the government of kenya set up two commissions,3 one on the law of. How kenya can achieve the sdgs and universal health coverage. A reflection on the african traditional values of marriage and sexuality dr. The marriage law had the intention of bringing together the various existing laws existing in the country into one coherent legal document. Part one is preliminary while part two bears the general provisions. These rules were effected by gazette notice number 5345 issued on the 9th june 2017. Malawi passes the marriage divorce and family relations. Presented by muko ochanda history of the act back in 2004 kenya ratified the palermo protocol. New land laws and impact on the rights of women and childrenkwja dialogue 2014 republic of kenya2009, sessional paper no.
International conventions with relevant reservations. Kenya parliament passes polygamy measure, voice of america mar. Malawi passes the marriage divorce and family relations bill, 2015 hon. Recognition of foreign marriages as civil marriages in kenya. Kenyan couples married under customary law told to obtain. The marriage act 2014 recognises four types of marriages. How to contact the registrar of marriages, nairobi, kenya. Accelerating our collective efforts to end child marriage in africa. The principle of the presumption of marriage is established in law by a. On the contrary, it is a way for the groom to show commitment and to seal the relationship established between the two families.
Marriage act 4 years ago admin laws and acts governing the system. The interaction of legal systems is complex and often engenders conflict and competition. Civil, christian, customary, hindu and islamic marriages. President kenyatta assents to marriage and heroes bills, the presidency website apr. Issuance of certificates of no impediment to marry for kenyan nationals. In parliament, the proposed 2014 polygamy bill had initially given a wife the right to veto the husbands choice, but male members of parliament overcame party divisions to push through a text that dropped this clause. All marriages are registrable and a certificate of marriage shall be issued upon registration. This plan centered on government ministries and had an opening for the civil society participation. The marriage act, 2014 recognizes five 5 systems of marriage, namely. 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.
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