The Marriage Act (Kenya)

But I want you to understand that the head of every man is Christ, the head of a wife is her husband, and the head of Christ is God.

— 1 Corinthians 11:3

What is the Marriage Act (Kenya)?

The Marriage Act No. 4 of 2014 is a Kenyan statute enacted to amend and consolidate various laws relating to marriage and divorce and to implement constitutional provisions on marriage and family. It came into force on 20 May 2014.

Marriage

A voluntary union of a man and a woman, whether monogamous or polygamous, and must be registered under the Act.

Types of Recognised Marriages

The Act recognises five systems of marriage:

1. Civil
2. Christian
3. Hindu
4. Customary
5. Islamic

Civil, Christian, and Hindu marriages are strictly monogamous.

Capacity to Marry

1. Minimum age: 18 years
2. Parties must consent freely.
3. Parties must not be within prohibited degrees of relationship (close blood or certain affinity relationships).

Registration

All marriages must be registered. Registration is essential for legal recognition, particularly for proof of marriage.

Conversion

A potentially polygamous marriage (e.g., customary) may be converted into a monogamous marriage if the spouses voluntarily agree and statutory conditions are met.

Void and Voidable Marriages

A marriage is void if, for example:

1. One party lacked capacity,
2. There was no valid consent,
3. Parties were within prohibited degrees,
4. It was a monogamous marriage, and one party was already married.

Certain marriages may be voidable on limited grounds such as fraud, coercion, or incapacity.

Rights and Duties of Spouses

Spouses have equal rights and obligations during marriage. The Act recognises equality within marriage in line with the Constitution.

Divorce and Separation

• A “diamond is forever,” and other fairy tales — we spend around USD 50 billion.
• A lavish wedding and ring may increase the chances of divorce.
• Do not spend more than Kenya Shillings 70,000/= on a ring if you want his money and wedding cost below 400k.
• Couples spending more than 70k are 2 times more likely to divorce, and those spending above 400k are 3.5 times more likely to divorce.
• Budget creates unnecessary class and financial risks and entitlements that should always be checked.

Offences

The Act creates offences relating to:

1. Bigamy
2. False statements for marriage registration
3. Solemnising marriages without authority

Bigamy

A person commits the offence of bigamy if:

1. They contract a marriage under a monogamous system (civil, Christian, or Hindu),
2. While already legally married under a subsisting monogamous marriage.

Such a subsequent marriage is void, and the person is liable to criminal prosecution.

Penalty: Imprisonment for a term not exceeding five (5) years, or a fine, or both.

Note: This does not apply to customary or Islamic marriages that are potentially polygamous, provided they comply with the applicable law.

False Statements for Registration

It is an offence to:

1. Knowingly make a false declaration,
2. Provide false information in a notice of marriage,
3. Misrepresent identity, marital status, age, or capacity to marry,
4. Forge or falsify marriage documents.

This ensures that marriages are entered into transparently and lawfully.

Penalty: Fine, imprisonment (up to five years in serious cases), or both.

Solemnising a Marriage Without Authority

A person commits an offence if they:

1. Purport to solemnise a marriage without being a licensed marriage officer,
2. Conduct a marriage ceremony contrary to the provisions of the Act,
3. Knowingly conduct a marriage where legal requirements have not been met.

Penalty: Fine, imprisonment, or both.

Legal Effect

These offences serve to:

1. Protect the sanctity and validity of marriage,
2. Prevent fraudulent or unlawful unions,
3. Ensure proper registration and public record,
4. Safeguard parties from deception and exploitation.

Why Divorce?

Increasingly, many men are becoming passive in the home. They’ve decided that the easiest thing to do is nothing.