Jul 18, 20 the marriage bill, 20 397 schedule repealed acts the marriage bill, 20 a bill for an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purpose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. Bill that permits men to marry more than one person without wifes consent prompts furious backlash agence francepresse in nairobi fri 21. While the general perception that has been created this past week. Getting married in kenya state law office and department of. Men that have gone into a party mood following provisions for polygamy in the marriage bill should hold their horses. Celebrating a marriage without the required witnesses. The marriage act 2014 recognises four types of marriages. Sep 08, 2018 the marriage act, 2014 recognizes five 5 systems of marriage, namely. Permanent mission of the republic of kenya to the united nations 866 u. May 20, 2014 ochiel j dudley legal researcher kenya law date of assent.
May 27, 2014 polygamy and kenyas marriage bill may 27, 2014 by vera the marriage bill, which was just signed into law, is not all about polygamy even though most people tend to think of it that way. The bill in its various iterations has been waiting for parliamentary approval for approximately 40 years. 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. Issuance of certificates of no impediment to marry for kenyan nationals. Kenya s parliament passed a bill allowing men to have a limitless number of wives, irritating womens rights groups. Civil, christian, customary, hindu and islamic marriages. P art 1g eneral p rovisions r elating to the b ill of r ights 19rights and fundamental freedoms. Last month a controversial bill legalising polygamy became law in kenya. International conventions with relevant reservations.
Kenya acceded to the iccpr and icescr in 1972, with a reservation to article 102 of the icescr. The marriage act, 2014 recognizes five 5 systems of marriage, namely. Marriage in kenya state law office and department of justice. The strategy has been implemented in 30 districts and an additional 51 districts have been allocated. Polygamy is common among traditional communities in kenya, as well as among the countrys muslim community. Meaning of marriage and related expressions in enactments and documents. Box 4384400100, nairobi, kenya abstract it is the opinion consensuses of a few scholars that the institution of marriage has continued to. May 30, 2014 kenyas marriage bill 2014, signed into law by president uhuru kenyatta, legalizes the act of polygamy. Marriage bill, 20 kenya law reform commission klrc. Recognition of foreign marriages as civil marriages in kenya. Ugandas marriage and divorce bill on the table, again. Nairobi, 29 april, 2014 pscu breaking news, kenya, africa. A new law that went into effect in kenya this week makes it legal for a.
Guidance on all marriages solemnized under the marriage act 4 of 2014. On the contrary, it is a way for the groom to show commitment and to seal the. The following documents are required to register any of the mentioned marriages. How to contact the registrar of marriages, nairobi, kenya. Lesbian, gay, bisexual, and transgender lgbt persons in kenya face legal challenges not experienced by nonlgbt residents. Marriages, part vii marriages under islamic law of the marriage act 2014. Marriages in kenya 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. Marriage laws around the world country coded text source additional sources afghanistan despite a law setting the legal minimum age for marriage at 16 15 with the consent of a parent or guardian and the court for girls and 18 for boys, international and local observers continued to report widespread early marriage. Kenyas new polygamy law is a win for mens rights activists. The interaction of legal systems is complex and often engenders conflict and competition. It brings civil law, where a man was only allowed one wife, into line with customary law. Marriage laws around the world pew research center. A reflection on the african traditional values of marriage and sexuality dr.
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. 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. Parliament passes comprehensive marriage bill, changes. The law gives men the right to enter multiple marriages, without having to consult their existing spouses or obtain their consent. Comprehensive marriage law enacted global legal monitor. Case reporting is through the kenya law reports, kenya appeal reports and kenya court of appeal decisions. In this act, unless the context otherwise requirespolygamy means the state or practice of a man having more than one wifesimultaneously. The marriage law had the intention of bringing together the various existing laws existing in the country into one coherent legal document. Kenyas parliament passes bill allowing polygamy world news.
Kenyas president uhuru kenyatta has signed into law a controversial marriage bill legalising polygamy. For more pls visit here on 28th april 2014 president kenyatta signed the marriage bill into law. Kenya acceded to the cedaw in 1984 without reservations. Fulbright scholars and students the fulbright program is sponsored and administered by the bureau of educational and cultural affairs eca of the united states department of state, and awards scholarships to lecture, conduct research, and study abroad. President kenyatta assents to marriage and heroes bills nairobi, 29 april, 2014 pscu president uhuru kenyatta has signed into law the marriage bill 2014. Marriage rituals in kenya dowry dowry, also known as bride price, is not mandatory if the two parties agree, and it is not a price for the exchange of a human being bride. Indeed until july 1, 1981 when the law of succession act cap. The general scheme of the marriage bill 2015 presents, in the form of 11 heads, measures which would, in the event that the 34 th amendment of the constitution marriage equality bill 2015 is passed by both houses and approved in a referendum, be drafted as a formal bill and introduced by the government following the referendum. Among other objectives, the purpose of the bill is to consolidate the seven different marriage laws in the country. Polygamy and kenyas marriage bill may 27, 2014 by vera the marriage bill, which was just signed into law, is not all about polygamy even though most people tend to think of it that way. Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union, kenyatta said in a statement. The 2014 kenya demographic and health survey 2014 kdhs was implemented by the kenya national bureau of statistics from may 2014 to october 2014 in partnership with the ministry of health, the national aids control council nacc, the national council for population and development ncpd, and the kenya medical research institute kemri.
Kenyas parliament passed a bill allowing men to have a limitless number of wives, irritating womens rights groups. Kenyas marriage bill 2014, signed into law by president uhuru kenyatta, legalizes the act of polygamy. Kenyas new marriage bill manages to both legalize the longstanding cultural practice of polygamy and to bolster the religious mantra that marriage is only. 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. Read now the marriage act 2014 recognises four types of marriages. Polygamy bill allows kenyan men many wives swaziland. After the 21day notice, if the ceremony is to take place in the.
Where a kenyan wishes to celebrate a marriage outside kenya and where that kenyan is required to obtain a certificate of no impediment. You can optionally provide a password to protect this file. Kenya redefines marriage in a blow to womens rights public. Marriage in kenya the following documents are required to register for marriage in kenya. Fulbright scholars and students the fulbright program is sponsored and administered by the bureau of educational and cultural affairs eca of the united states department of state, and awards scholarships to. The marriage act 2014 defines various types of marriages. Yalda hakim reports for bbc our world on how it is being received.
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. Apr 29, 2014 kenya s 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. Download marriage bill, 20 in pdf kenya law reform. President uhuru kenyatta signs kenya polygamy law bbc news. 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. Marriage act 4 years ago admin laws and acts governing the system. The kenyan marriage act 2014, will it survive the courts of. The proposed kenya marriage bill 20 linkedin slideshare. The law replaces various other laws which have been at the moment repealed they include. Polygamy bill allows kenyan men many wives swaziland al. The act seeks to consolidate existing marriage laws into a single act currently seven. Copies of identification cards and coloured passport size photos for both parties and ksh 600.
Getting married in kenya state law office and department. President kenyatta assents to marriage and heroes bills, the presidency website apr. Although it would be an important step forward for womens rights in marriage, many provisions of. In kenya the institutions of marriage and succession are closely intertwined. Sodomy is a felony per section 162 of the kenyan penal code, punishable by 14 years imprisonment, and any sexual practices between males termed gross indecency are a felony under section 165 of the same statute, punishable by 5 years imprisonment. How kenyans are reacting to legalised polygamy bbc news. An act of parliament to amend and consolidate the various laws relating to marriage and divorce and for. May 2, 2014 on april 29, 2014, president uhuru kenyatta of kenya signed into law the marriage bill, 2014, a comprehensive law. Jun 25, 2014 how kenyans are reacting to legalised polygamy. In march 2014, kenyas parliament passed a bill allowing men to marry multiple wives. Presumptions as to property acquired during marriage.
Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the act. Civil marriages these are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. Comewestay marriages post the 2014 marriage actrecent. A push by kenyas president and maledominated parliament to overhaul marriage bodes ill for the nations wives, socially and economically. Mar 21, 2014 bill that permits men to marry more than one person without wifes consent prompts furious backlash agence francepresse in nairobi fri 21 mar 2014 10. These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. 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. For more of this and other stories, grab your copy of the standard newspaper. Nb this will be for the notice which will run for 21days 2.
Jurisdiction in proceedings relating to same sex marriages. 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. Marriage act an act to provide for the solemnisation of marriages. The marriage act 2014 defines various types of marriages including. Registration of customary marriages in kenya is governed by the marriage customary marriage rules, 2017, under the marriage act. Ugandas marriage and divorce bill of 2009 is finally being debated in its parliament. Guidance on celebration of civil marriages at kenyan high commissions and consulates outside kenya.