Act No: No. 4 of 2014
Act Title: MARRIAGE
SUBSIDIARY LEGISLATION
Arrangement of Sections

MARRIAGE (GENERAL) RULES, 2014

1.
Citation

These Rules may be cited as the Marriage (General) Rules, 2014.

2.
Marriage certificate
(1)

The marriage certificate to be issued under section 21 of the Act shall be in Form MA1 set out in the First Schedule.

(2)

The certificate of marriage issued under section 35 shall be in Form MA1 set out in the First Schedule.

3.
Notice and Registrar’s certificate under section 25
(1)

A notice required to be given under section 25 of the Act shall be in Form MA2 set out in the First Schedule.

(2)

The Registrar, at any time after the expiration of twenty-one days and before the expiration of three months from the date of the notice referred to in section 25 of the Act, shall issue the applicant with a certificate in the manner set out in Form MA3 of the First Schedule, upon being satisfied by affidavit that there is no legal impediment to the intended marriage.

(3)

The affidavit specified under paragraph (2) may be sworn either before a Registrar or before a magistrate and shall be in Form MA4 set out in the First Schedule.

4.
Certificate of no impediment
(1)

An application for a certificate of no impediment to marriage under section 32 of the Act shall be in Form MA5 set out the in First Schedule.

(2)

An application under paragraph 1 shall be accompanied by certified copies of the—

(a)

applicant’s identity card or passport;

(b)

applicant’s birth certificate; and

(c)

intended spouse’s passport.

(3)

The Registrar shall, upon satisfied that there is no legal impediment to the intended marriage, issue the applicant with a certificate of no impediment in Form MA6 set out in the First Schedule.

5.
Special licence
(1)

A special licence under section 33 of the Act shall be issued in instances where—

(a)

any of the parties to the marriage is a foreign national;

(b)

both the parties to the marriage are foreign nationals;

(c)

the marriage is to be solemnised outside a licensed place; or

(d)

the parties are unable to give the twenty-one day notice to the registrar of their intention to marry.

(2)

An application for a special license shall be in Form MA7 set out in the First Schedule.

(3)

A special license shall be in Form MA7 set out in the First Schedule.

6.
When marriage can be celebrated

All marriages shall be celebrated between 8 O’clock in the morning and 6 O’clock in the afternoon.

7.
Marriage register

The Registrar shall enter the details of each marriage certificate into the Marriage Register in the manner set out in Form MA9 in the First Schedule.

8.
Licensing ministers of faith
(1)

A minister of faith applying for a licence under section 52(1) shall—

(a)

be literate and demonstrate an understanding of the marriage process;

(b)

attach a letter of recommendation from the place of worship where the minister of faith ministers;

(c)

attach a copy of the registration certificate of the place of worship;

(d)

attach a copy of the applicant’s identity card or passport.

(2)

A license granted under the provisions of section 52(3) of the Act shall be in Form MA10 set out in the First Schedule.

9.
Certified copy of marriage certificate and marriage register
(1)

An application for a certified copy a certificate of marriage and a register of marriage shall be in Form MA11 set out in the First Schedule.

(2)

A certified copy of a certificate of marriage shall be in Form MA12 set out in the First Schedule.

(3)

A certified copy of a register of marriage shall be in Form MA13 set out in the First Schedule.

10.
Divorce register

A divorce register to be established under sections 60 and 61 of the Act shall be in Form MA14 set out in the First Schedule.

11.
Fees

The fees specified in each item of the Second Schedule shall be payable in respect of the matter specified in that item.

FIRST SCHEDULE

PART 1: PARTIES’ DETAILS

PART 2: PARENTS’ DETAILS

PART 3: PARTIES’ DECLARATION

SCHEDULE

SECOND SCHEDULE

[Rule 11.]

FEES

MARRIAGE (CUSTOMARY MARRIAGE) RULES, 2017

1.
Citation

These Rules may be cited as the Marriage (Customary Marriage) Rules, 2017.

2.
Interpretation
(1)

In these Rules, unless the context otherwise requires—

“Act” means the Marriage Act, 2014;

“customary marriage” means a marriage contracted in accordance with the customs of the communities of one or both of the parties to the marriage;

“Register” means the Register of Customary Marriage referred to in regulation 6;

“Registrar” has the meaning assigned to it under the Act.

3.
Notice and Registrar’s acknowledgement of customary marriage
(1)

The parties to a customary marriage shall after the completion of the customary rites conferring upon them the status of husband and wife, notify the Registrar as required under section 44 of the Act by notice in Form CM1 set out in the First Schedule.

(2)

The Registrar shall display the notice provided under subrule (1) in a conspicuous place within the premises, for a period of fourteen days, inviting any person with an objection to the proposed registration to notify the Registrar with the grounds of objection within that period.

(3)

After the expiry of the period specified under subrule (1) without any objection filed, or where any objections filed have been considered and dealt with by the Registrar, the Registrar shall issue to the parties an Acknowledgement Certificate in form CM2 set out in the First Schedule.

4.
Application for registration of a customary marriage
(1)

The parties shall upon receipt of the Certificate referred to in rule 3 apply for registration of the marriage in accordance with section 55(1) of the Act.

(2)

An application for registration under subrule (1) shall be in Form CM 3 set out in the First Schedule and shall be accompanied by a copy of the Certificate of Acknowledgement issued under regulation 3(3).

5.
Issuance of Certificate of Customary Marriage
(1)

The Registrar shall consider the application made under rule 4 and may after conducting further investigations where appropriate issue a Certificate of Customary Marriage.

(2)

The certificate of customary marriage issued under subrule (1) shall be in Form CM4 set out in the First Schedule.

6.
Customary Marriage Register
(1)

The Registrar shall establish and maintain a Register of Customary Marriages in which shall be entered the details of all customary marriages registered under these regulations.

(2)

The Register of Customary Marriage shall be in Form CM5 set out in the First Schedule.

7.
Issuance of a certified copy of an entry of a customary marriage
(1)

A person who wishes to obtain a certified copy of an entry of a customary marriage in the Register shall submit an application in Form CM6 set out in the First Schedule to the Registrar.

(2)

The Registrar shall, upon receipt of the requisite fee, issue to the applicant a certified copy of the entry as requested which shall be in Form CM7 set out in the First Schedule.

8.
Registration of customary marriage existing before commencement of the Marriage Act, 2014
(1)

The parties to a marriage contracted under customary law before the commencement of the Act shall apply to the Registrar for registration of that marriage pursuant to section 96(2) of the Act.

(2)

An application for registration under subrule(1) shall be in Form CM8 set out in the First Schedule and shall be accompanied by a letter of confirmation from the Chief of the area where the marriage ceremony took place.

(3)

The Registrar shall, upon being satisfied that the information supplied under subrule (1) and (2) is true, issue a certificate of customary marriage in Form CM4 set out in the First Schedule in respect of the marriage.

9.
Fees

The fees set out in the first column of the Second Schedule shall be payable in respect of the items respectively set out in the second column.

FIRST SCHEDULE

FORMS

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

FORM CM1

[Rule 3(1).]

NOTICE OF CUSTOMARY MARRIAGE

Passport size photo of husband

Passport size photo of wife.

To the Registrar of Marriages for the ........................................ County of Kenya.

We the undersigned hereby give notice of our completion of the relevant marriage ceremonies and rites under ................ customary law completed on the .............. day of ............ 20 ..... at ....................... sub-county, ............... county. We undertake to register our customary marriage within six months from the date of this notice.

PART 1: PARTIES' DETAILS

Name

Marital status at time of marriage

Occupation

Age

Residence and Address

Contacts

Husband

Wife

PART 2: PARENTS' DETAILS

Husband’s Parents

Name

Occupation

Residence & Address

Father

Mother

Wife’s Parents

Name

Occupation

Residence & Address

Father

Mother

PART 2: PARTIES' DECLARATION

1.

That our customary marriage was contracted in accordance with the ...............Customary law and we hereby declare that the customary rites necessary to confer upon us the status of husband and wife have been completed.

2.

That we were above eighteen years of age at the time of marriage.

3.

That our marriage ceremonies were witnessed by the witnesses listed at Part 3 below.

4.

That neither of us was a partner in a Civil, Christian, Hindu or Islamic marriage when we contracted the aforesaid customary marriage.

5.

That we both freely consented to our marriage and subsequent registration.

6.

That there is no impediment caused by relationship consanguinity or affinity and we know of no other legal or customary impediment to our marriage.

7.

That prior to the date of this marriage .................... (Husband) was in an existing customary marriage as follows:—

S/No.

Date of marriage

Name of spouse

System of Marriage

1.

2.

3.

4.

Husband’s signature ...................

Wife’s signature .............................

Date .............................

Date ...........................

PART 3: WITNESS DECLARATION

We hereby declare that on the ..........day of ..................20..... we witnessed and played key cultural roles in the celebration of this marriage.

We wish to confirm that the information provided by the parties above is to the best of our knowledge and belief true and correct.

Name: ...............................

ID No. .........................................

Age: .....................

Signature ..........................

Name: ...............................

ID No. .........................................

Age: .....................

Signature ..........................

Notes

1.

Any person, who supplies false information to a Registrar or uses, gives or sends any certificate, document or declaration required for this marriage notice which is false or forged in any way is liable to prosecution.

2.

Marital status can either be bachelor, spinster, widow, and widower, divorced or married under customary law.

3.

Witnesses shall provide copies of their identity cards.

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

FORM CM2

[Rule 3(3).]

ACKNOWLEDGEMENT CERTIFICATE

I, ........................................... , Registrar of Marriages for ............................. County do hereby confirm that an application for registration of the customary marriage between the parties below has been received:

Parties to the Marriage

Status

Occupation

Age

Residence & Address

Husband

Wife

Witnessed under my hand this ................ day of ................ 20........

Registrar of Marriages.

NOTE - This certificate shall be void unless the marriage registration and issuance of a marriage certificate is done on or before................................................................

This document is not a customary marriage certificate. The certificate shall be issued at the registration of the customary marriage.

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

FORM CM 3

[Rule 4(2).]

APPLICATION FOR REGISTRATION OF CUSTOMARY MARRIAGE

(To be filed after 14 days from the date of Notice)

We ...................................................... and ....................................... of P. O. Box .............................

make oath and state as follows—

1.

That on the ............. day of ............ 20.........., at .............. sub-county, .................. county the relevant customary rites to confer upon us the status of husband and wife were completed under the ................ customary law.

2.

That at the time of the marriage, .................... (husband) was a ....................... and the said ............... (wife) was a ................... (Indicate name of party and status)

3.

That neither of us is under the age of eighteen years.

4.

That we both freely consented to our marriage and subsequent registration

5.

That none of us was a partner in a Civil, Christian, Hindu or Islamic marriage when we contracted the aforesaid customary marriage.

6.

That we declare that there is no impediment caused by relationship, consanguinity or affinity, and we know of no other legal or customary impediment to our marriage.

Sworn at .................. this .........day of ................, 20...............

Before me ...........................

_________________

Registrar

(Signature of Husband)

.

_________________

(Signature of Wife)

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

FORM CM 4

[Rule 5(2), 8(3).]

CERTIFICATE OF CUSTOMARY MARRIAGE

.Serial No..

Marriage solemnised under ......................customary law in the ........................ Sub county ...............County

Date of Registration

Registration Entry No:

Husband’s Name

Age

Marital Status

.

Residence at time of marriage

County.

Sub-county.

Occupation.

Parents Names

Father’s name

Mother’s name

OccupationResidence

OccupationResidence

Wife's name.

Age.

Marital Status

Residence at the time of marriage.

County.

Sub-county.

Occupation.

Parents Name.

Father's Name.

Mother's Name.

Occupation.

Occupation.

Residence.

Residence.

Registered in the: ................................ by Acknowledgement CertificateNo ..............................................................................................By ..............................................................................................

The marriagewasSolemnizedbetween

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in thepresenceof

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Note: A customary marriage is polygamous or potentially polygamous.

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

.Serial No..

[Rule 6(2)).]

REGISTER OF CUSTOMARY MARRIAGES

Marriage registered at ...........................in ..........................sub-county, .................county in the Republic of Kenya.

Date of Registration marriage:

Marriage register entry no:

Husband's name:

Age:

Marital condition:

Residence at time of marriage:

County:

Sub-county:

Occupation:

Husband’s father’s name:

Occupation:

Residence:

Husband’s mother’s name

Occupation:

Residence:

Wife’s name

Age:

Marital condition:

Occupation:

Wife’s father’s name:

Occupation:

Residence:

Wife’s mother’s name:

Occupation:

Residence:

Registered in the ................................................................. By AcknowledgementCertificate No: .....................................By ..............................................

The marriagewasregisteredbetween

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}

in thepresenceof

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.....................................

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Entered this ...............day of ...................... 20........... at the County

Registry of Marriage at ................................

...................................

REGISTRAR

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

APPLICATION FOR CERTIFIED COPY OF ENTRY IN REGISTER OF CUSTOMARY MARRIAGE

FORM CM 6

[Rule 7(2).]

Application for a Certified Copy

(Please complete this form in BLOCK LETTERS)

APPLICATION (tick as appropriate)

Certified copy of certificate of marriage

Certified copy of entry in register

Details of Applicant

Name:

Phone No:

.

Address:

Full Name of Husband

Full Name of Wife

Date of Registration:

.

Place of Registration:

REGISTERED BY:(Registrar)

Name and Address ofRegistry Office

Entry Number OfCERTIFICATE ORREGISTER

Other Particulars Which Would Help To Trace The Entry

Comments

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

.Serial No..

[Rule 7(2)).]

FORM CM7

CERTIFIED COPY OF ENTRY IN REGISTER OF CUSTOMARY MARRIAGES

Marriage registered at ........................ in .................... sub-county, ..................... county in the Republic of Kenya.

Date of Registration marriage

Marriage register entry no:

Husband’s name:

Age:

Marital condition:

Residence at time of marriage

County:

Sub-county:

Occupation:

Husband’s father’s name:

Occupation:

Residence:

Husband’s mother’s name:

Occupation:

Residence:

Wife’s name:

Age:

Marital condition:

Occupation:

Wife’s father’s name:

Occupation:

Residence:

Wife’s mother’s name:

Occupation:

Residence:

Registered in the: ................................ by Acknowledgement CertificateNo ..............................................................................................By ..............................................................................................

The marriagewasenteredbetween

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......................................

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}

in thepresenceof

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.....................................

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Certified to be a true copy of an entry of marriage in the Marriage Register.

Given under the seal of the Registrar on the ........day of .........................20 .....

NOTES- Any person who (1) falsifies any of the particulars of the certificate, or (2) uses a falsified certificate as true copy knowing it to be false, is liable to prosecution.

Typed by: .........................................

Checked by: ......................................

REPUBLIC OF KENYA

THE MARRIAGE ACT, 2014

[Rule 8(2).]

FORM CM8

APPLICATION FOR REGISTRATION OF CUSTOMARY MARRIAGE

CONTRACTED BEFORE THE ENACTMENT OF THE MARRIAGE ACT, 2014

To the Registrar of Marriages for the ........................................County of Kenya

A. PARTICULARS OF HUSBAND

Name

Age

Marital Status

Occupation

Father’s name

Mother’s name

Existing/previousspouses

B. DECLARATION BY HUSBAND

I, the undersigned, hereby declare that:

(1)

I freely consented to the customary marriage between myself and the woman whose particulars are set out hereunder.

(2)

The marriage was contracted in accordance with the laws and customs of the ............................. community.

(3)

I was not a partner in any Civil, Christian Hindu or Islamic marriage when I contracted the aforesaid customary marriage.

(4)

At the time of the aforesaid customary marriage I was married under customary law to the following namely:

S/No.

Date of marriage

Name of spouse

System of Marriage

1.

2.

3.

4.

C. DECLARATION BY WIFE

I, the undersigned, hereby declare that:

(1)

I freely consented to the customary marriage between myself and the man whose particulars are set above.

(2)

The marriage was contracted in accordance with the laws and customs of the ......................................... community.

E. DECLARATION BY WITNESSES

We, the undersigned, hereby declare that—

(a)

we were present at the above marriage ceremony

(b)

the information provided by the parties is to the best of our knowledge and belief true and correct.

(c)

the marriage was legally contracted in accordance with the laws and customs of the ................................. community.

HUSBAND'S WITNESS:

Name: ...........................

ID No. ............................

Sign: ......................

WIFE’S WITNESS

Name: ...........................

ID No. ............................

Sign: ......................

* Witness should provide copies of their identity cards.

SECOND SCHEDULE

[Rule 9.]

FEES

S/No.

Item

KSh.

1.

Issuance of notice of customary marriage form

600

2.

Issuance of an Acknowledgement Certificate

600

3.

Commissioning of an application for registration of a customary marriage form

200

4.

Registration and issuance of a customary marriage certificate

2500

5.

Issuance of a search form for a customary marriage

500

6.

Issuance of a certified copy of an entry of a customary marriage

600

7.

Registration of customary marriage contracted before 20th May, 2014

3,900

MARRIAGE (HINDU MARRIAGE) RULES, 2017

1.
Citation

These Rules may be cited as the Marriage (Hindu Marriage) Rules, 2017.

2.
Interpretation
(1)

In these Rules, unless the context otherwise requires—

"Act" means the Marriage Act, 2014;

"Council" means the Hindu Council of Kenya or any other body designated and recognized as such by the Hindu Community in Kenya;

"Hindu" has the meaning assigned to it under the Act;

"Hindu marriage" means a marriage contracted in accordance with the tenets of the Hindu faith;

"marriage officer" means a person appointed under section 52 of the Act, upon recommendation by the Council for purposes of these regulations.

3.
Notice and Registrar’s certificate
(1)

Where a man and a woman who adhere to the Hindu faith intend to marry under Part VI of the Act, they shall give to the Registrar a written notice of not less than twenty-one days and not more than three months, of their intention to marry.

(2)

The notice referred to in paragraph (1) shall be in Form MH1 as set out in the First Schedule.

(3)

The parties to a proposed Hindu marriage shall swear an affidavit in form MH2 set out in the First Schedule before the Registrar confirming that there is no legal impediment to the intended marriage.

(4)

The Registrar shall at any time after the expiration of twenty-one days and before the expiration of three months from the date of the notice in sub-rule (1), issue the applicant with a certificate in the form set out in Form MH3 set out in the First Schedule.

4.
Special Licence
(1)

Parties to a marriage may apply to the Registrar for a special licence in Form MH4 set out in the First Schedule.

(2)

The Registrar may, after considering the application under sub-rule (1), dispense with the notice required under regulation 3 and issue a special licence where—

(a)

any of the parties to the marriage is a foreign national;

(b)

both the parties to the marriage are foreign nationals;

(c)

the marriage is intended to be solemnised outside a licensed venue; or

(d)

the parties are unable for just cause to give the twenty-one day notice to the registrar of their intention to marry.

(3)

A special licence shall be in Form MH5 set out in the First Schedule.

5.
Licensing of Hindu marriage officers
(1)

A Hindu marriage shall be conducted by a minister of faith licensed for that purpose by the Registrar under section 52(3) of the Act.

(2)

A person shall be eligible for a licence under sub-rule (1) if the person—

(a)

is literate and demonstrates an understanding of the Hindu marriage process; and

(b)

is recommended by the Council by notice in writing to the Registrar.

(3)

The Council shall forward the identification documents of the Ministers of faith in respect of whom a recommendation is made under sub-rule (2)(b).

(4)

A licence under this Regulation shall be in Form MH6 set out in the First Schedule.

6.
Registration of Hindu marriages
(1)

There shall be issued in respect of every Hindu marriage a certificate in Form MH7 set out in the First Schedule.

(2)

The Registrar shall supply the Hindu Marriage certificates upon application by the Council for use for purposes of these Regulations.

7.
Marriage registers
(1)

The Registrar shall establish and maintain a Register of Hindu Marriages into which shall be entered the details of the marriages contracted under these Regulations.

(2)

The Registrar shall enter the details of each marriage certificate issued under section 56 (1) of the Act into the register referred to in subrule (1) in Form MH8 set out in the First Schedule.

8.
Certified copy of marriage certificate and marriage register
(1)

An application for a certified copy of a marriage certificate and a certified copy of the entry in the marriage register shall be in Form MH9 set out in the First Schedule.

(2)

A certified copy of a certificate of marriage shall be in Form MH10 set out in the First Schedule.

(3)

A certified copy of an entry in the register shall be in Form MH11 set out in the First Schedule.

9.
Registration of marriages performed under Cap 157 (Repealed)
(1)

Parties to a marriage contracted under the Hindu Marriage and Divorce Act (repealed) shall apply to the Registrar for the registration of that marriage in accordance with section 96(2) of the Act.

(2)

An application for registration under subregulation (1) shall be in Form MH12 set out in the First Schedule and shall be accompanied by—

(a)

a forwarding letter from the Hindu Council;

(b)

a certified copy of the marriage certificate or other documents certified by the Council evidencing the marriage; and

(c)

copies of identification documents.

(3)

The Registrar shall, where satisfied with the application, issue the applicants with a certificate of marriage in accordance with these Regulations.

10.
Fees

The fees for the items specified in the first column of the Second Schedule shall be as set out in the second column of the Second Schedule.

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

FORM MH1

[Rule 3(2).]

NOTICE OF MARRIAGE

Passport size photo of groom

Passport size photo of bride

To the Registrar of Marriages for the ........................................ County of Kenya.

We hereby give notice that a marriage is intended to be entered into within three months from that date hereof between us the undersigned on the ...............day of ............. 20....... at ...............................in Kenya.

PART 1: PARTIES' DETAILS

Name

Condition

Occupation

Age

Residence and Address

Contacts

Bridegroom

Bride

PART 2: PARENTS' DETAILS

Groom’s Parents

Name

Occupation

Residence & Address

Father

Mother

Bride’s Parents

Name

Occupation

Residence & Address

Father

Mother

PART 3: PARTIES' DECLARATION

We solemnly declare that there is no impediment caused by relationship consanguinity or affinity and we know of no other legal impediment to the proposed marriage.

Bridegroom’s signature ...........................

Bride’s signature .............................

.

Date ..................................

Date ..................................

Notes–

Any person who supplies false information to a Registrar or uses, gives or sends any certificate, document or declaration required for this marriage notice which is false or forged in any way is liable to prosecution.

Status can either be bachelor, spinster, widow, widower, divorced or married under customary law.

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

[Rule 3(3).]

FORM MH2

AFFIDAVIT

I .................................. of P. O. Box.................................... make oath and state as follows—

7.

That a marriage is to be solemnised between me and.......................................................................................at.........................................................

8.

That I am a ....................................... and the said ..................................................................................................................................is a...............................................................................................................................(Indicate marital condition)

9.

That I have, for fifteen days immediately preceding this date, been resident at ..........................in the county of .............................

10.

That neither I nor the said .................................................................. is under the age of eighteen years.

11.

That I solemnly declare that there is no impediment caused by relationship consanguinity or affinity and we know of no other legal impediment to the proposed marriage.

Sworn at ..........................this .........day of ......................., 20................

Before me ............................

________________________

Registrar

(Signature of deponent)

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

[Rule 3(4).]

FORM MH3

REGISTRAR'S CERTIFICATE

I, ........................................., Registrar of Marriages for ........................ County do hereby certify that on the ......... day of .................... 20 ......... notice was duly entered in the marriage notice of this sub-county of the marriage intended between the parties herein named and described at ...................... in Kenya, such notice being delivered under the hand of ...................... and ................... that is to say—

NameParties to the Marriage

Condition

Occupation

Age

Residence andAddress

Bridegroom

Bride

Witnessed under my hand this .................. day of ......................., 20 ........

Registrar of Marriages

Note—This certificate will be void unless the marriage is solemnised on or before the ............. day of ..................... 20 .............

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

[Rule 4(1).]

FORM MH4

APPLICATION FOR SPECIAL LICENCE

I ............................................................................................................ of ...........................................................................................................

Hereby apply for the grant of a Special License and I hereby make oath and say as follows—

1.

A marriage is proposed to be celebrated between............................................................................................and myself at ................................................................ on or about the ............... day of ................... 20 ...............

2.

I am not aware of any lawful impediment to the proposed marriage.

3.

I am ... ......................................... years of age and the said is ..............years of age.

4.

I am a ....................... and the said ...................................................................................................................................is a ..................................................................................... (Marital status)

5.

Notice of the intended marriage has not been given under regulation 3—.................................................................................................................................................................................................................

6.

I now seek dispensation from the requirements of the Act relating to the giving of notice and the issue of the certificate of the Registrar because—................................................................................................................................................................................................................. Sworn at .................... this .................... day of ............ 20 ...........

Registrar of Marriages

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

[Rule 4(3).]

FORM MH5

SPECIAL LICENCE

WHEREAS ................................................ of .............................................. being a ......................................................... and ............................................... of ....................................................... being a ....................................................

desire to marry and sufficient cause has been shown to my why the preliminaries required by the Act should be dispensed with:

NOW, THEREFORE, in accordance with the Act, I do dispense with the giving of notice and issue the certificate thereby prescribed and do hereby authorise the Registrar of Marriages or recognised minister of faith to celebrate the marriage between the said—

................................................................................................................................................. and

.......................................................................................................................................................

at ...................................................................................................................................................

within ninety days from the date hereof.

Such marriage may be celebrated between the hours of 8 O'clock in the morning and 5 O'clock in the afternoon.

Given under my hand on this ............ day of ...................... 20 .........................

Registrar of Marriages

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

[Rule 5(4).]

FORM MH6

LICENCE TO CONDUCT HINDU MARRIAGES

IN EXERCISE of the powers conferred on me by section 52 of the Marriage Act, 2014 I hereby license the ministers of faith of the

..................................................................................................................................

Named in the Schedule hereto to celebrate marriages under the provisions of the Act.

Dated the ............................. 20 ................

Registrar of Marriages

FIRST SCHEDULE

FORMS

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

FORM MH7

[Rule 6(1).]

MARRIAGE CERTIFICATE

.Serial No..

Marriage solemnised at .......................... in ................... sub-county, ..................... county in the Republic of Kenya

Date of marriage.

Marriage Entry No:

Bridegroom’s Name

Age:

Marital Status:

.

Residence at time of marriage.

County.

Sub-county.

Occupation.

Parents Names.

Father’s Name

Mother’s name.

Occupation.Residence.

Occupation.Residence.

Bride’s name.

Age.

Marital status.

Residence at the time of marriage

County.

Sub-county.

Occupation.

Parents Name

Father’s Name

Mother’s Name.

Occupation.Residence.

Occupation.Residence.

Married in the .............................. By Registrar’s Certificate

No .....................................................

Special License by .................................

This marriagewasSolemnized

{

{

{

Bride ............Groom ........

}

}

}

in thepresenceof

{

{

{

.........................

}

}

}

FIRST SCHEDULE

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

[Rule 7(2).]

FORM MH8

REGISTER OF MARRIAGE

.Serial No..

Marriage solemnised at ................... in ...................... sub-county, ............. County.

Date of marriage:

Entry No:

Groom’s Name:

Age:

Marital status:

Residence at time of marriage

County:

Sub-county

Occupation:

Father’s name:

Mother’s name:

Groom’s father’s occupation:

Groom’s mother occupation

Bride’s name:

Age:

Marital status:

Residence at time of marriage:

County:

Sub-county:

Bride’s father’s occupation:

Bride’s mother’s occupation:

Married in the .............................. By Registrar’s Certificate No ...........................by ........................................................Special License

This marriagewassolemnized between

{

{

{

.........................

}

}

}

in thepresenceof

{

{

{

....................................

}

}

}

Entered this ............... day of ........................ 20 ........... at the County

Registry of Marriage at ...................................

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

[Rule 8(1).]

FORM MH9

Search Fee: Ksh. 500

APPLICATION FOR CERTIFIED COPY OF CERTIFICATE OF MARRIAGE OR REGISTER

General Search Form

(Please complete this Form in BLOCK LETTERS)

APPLICATION(Tick as appropriate)

1. Certified copy of certificate of marriage

2. Certified copy of marriage register.

DETAILS OF APPLICANT

Name

Phone No.

Address.

Full Name of Husband

Full Name of Bride

Date of Marriage

Place of Marriage

OFFICIATED BY(Registrar or Minister of Faith)

Name and Address of RegistryOffice/Place of Worship

Entry Number of Certificate or Register

Other Particulars Which Would Help to trace the Entry.

Comments.

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

[Rule 8(2).]

FORM MH10

Fee: Ksh. 600

CERTIFIED COPY OF CERTIFICATE OF MARRIAGE

.Serial No..

Marriage solemnised at .................... in ........................ sub-county, ................. county in the Republic of Kenya.

Date of marriage:

Entry no:

Husband's name:

Age:

Marital status:

Residence at time of marriage:

County:

Sub-county:

Occupation:

Husband's father's name:

Occupation:

Residence

Husband's mother's name:

Occupation:

Residence

Wife's name:

Age:

Marital status:

Occupation:

Wife's father's name:

Occupation:

Residence:

Wife's mother's name:

Occupation:

Residence:

Married in the .............................. By Registrar’s Certificate No ...........................Special License by ......................................

This marriagewassolemnized between

{

{

{

.........................

}

}

}

in thepresenceof

{

{

{

.....................................

}

}

}

Certified to be a true copy of the certificate of marriage.

Given under the seal of the Registrar on the ........day of .........................20.....

NOTES - Any person who (a) falsifies any of the particulars of the certificate, or (b) uses a falsified certificate as true copy knowing it to be false, is liable to prosecution.

Typed by: .........................................

Checked by: ......................................

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

[Rule 8(3).]

FORM MH11

CERTIFIED COPY OF REGISTER OF MARRIAGE

.Serial No..

Marriage solemnised at ..................... in ........................ sub-county, ................... county in the Republic of Kenya.

Date of marriage:

Marriage register entry no:

Husband's name:

Age:

Marital status:

Residence at time of marriage:

County:

Sub-county:

Occupation:

Husband's father's name:

Occupation:

Residence:

Husband's mother's name:

Occupation:

Residence:

Wife's name:

Age:

Marital status:

Occupation:

Wife's father's name:

Occupation:

Residence:

Wife's mother's name:

Occupation:

Residence:

Married in the .............................. By Registrar’s Certificate No ...........................Special License by ......................................

This marriagewassolemnized between

{

{

{

........................

}

}

}

in thepresenceof

{

{

{

......................................

}

}

}

Certified to be a true copy of an entry of marriage in the Marriage Register.

Given under the seal of the Registrar on the ........day of ..................... 20.............

NOTES- Any person who (a) falsifies any of the particulars of the certificate, or (b) uses a falsified certificate as true copy knowing it to be false, is liable to prosecution.

Typed by. .........................................

Checked by . ...................................

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

[Rule 9(2).]

FORM MH12

APPLICATION FORM FOR THE REGISTRATION OF AN EXISTING HINDU MARRIAGE UNDER SECTION 96 (2) OF THE MARRIAGE ACT, 2014

1.

Name (Husband).........................................................................Age/Date of Birth................................................................................

2.

Name Wife...................................................................................Age/Date of Birth................................................................................

3.

Place of Residence, If Any Husband ...................................

4.

Place of Residence, If Any Wife ..........................................

5.

A Hindu Marriage was solemnized between (Name of the Husband) ................... and (Wife) ................. on ................... at ......................

(date)

(place)

6.

According to the Hindu faith and rites and we declare that we have been living together as husband and wife ever since the date noted above.

7.

We hereby declare that—

(i)

Neither of us had a spouse living at the time of Marriage.

(ii)

Both of us had completed the age of Eighteen Years at the time of marriage and the consent of our guardians had been obtained for the marriage.

(iii)

There was no impediment caused by the relationship, consanguinity or affinity and we did not know of no other legal impediment to our marriage.

8.

Marital status at the time of marriage of the parties.

Husband ..........................

Wife .................................

We also declare that the above particulars are true to the best of our knowledge and belief.

Signature ........................................

(Husband)

Signature ........................................

(Wife)

Station..........................

Dated............................

SECOND SCHEDULE

[Rule 10.]

FEES

Item

KSh.

1. Notice of marriage

600

2. Issuance of marriage certificate

500

3. Issuance of a certified copy of marriage certificate

600

4. Commissioning of affidavit

200

5. Search of marriage certificate

500

6. Issuance of Registrar’s certificate

600

7. Amendment of marriage record

200

8. Licensing of minister of faith

2,000

9. Special licence

7,000

10. Registration of marriages contracted under the Hindu Marriage and Divorce Act (repealed)

3,900

MARRIAGE (MUSLIM MARRIAGE) RULES, 2017

1.
Citation

These Rules may be cited as the Marriage (Muslim Marriage) Rules, 2017.

2.
Application

These Rules shall apply only to Muslim marriages where both parties profess the Islamic faith and submit to these Rules:

Provided that marriages conducted by members from any of the respective Muslim schools of jurisprudence in these Rules are accepted to many a kitabiyah.

3.
Interpretation

In these Rules, unless the context otherwise requires—

"Act" refers to the Marriage Act, 2014 (No. 4 of 2014);

"Constitution" means the Constitution of Kenya 2010;

"Committee” means Muslim Marriage Committee established under rule 5 of these Rules;

"Court" means the Kadhis court established under Article 169(1) of the Constitution;

"" means a Christian or Jewish woman;

"mahr" means a sum of money or other property given or agreed to be given to, or a right conferred upon the wife by the husband in consideration of marriage or a token of appreciation;

"”means equivalent mahr paid to the bride agemate; during their own marriages;

"Muslim marriage officer" means a Sheikh, Mufti or Imam authorised by the Registrar to officiate over a muslim marriage;

"Muslim schools of jurisprudence" means Muslims from the Sunni, Shia Ithna Asheri, Shia Imami Ismaili and Daudi Bohra Community (Fatimi Dawat);

"Muslim marriage" means a contract between a Muslim man and a woman who is lawfully eligible to be his wife and which is conducted in accordance with Islamic law;

"Registrar" means the Registrar appointed under section 50 of the Act;

"revertee" means a person who has converted to Islam;

means a person recognised by any of the Muslim schools of jurisprudence as a guardian of the bride for purposes of contracting a Muslim marriage;

means a person recognised by any of the Muslim schools of jurisprudence as a proxy of either of the parties to a marriage for purposes of contracting a Muslim marriage.

4.
Registration of Muslim marriage
(1)

The parties to a Muslim marriage shall after the marriage is conducted, make an application for registration of their marriage to a Muslim marriage officer or a Kadhi.

(2)

The application under sub rule (1) shall be in Form MM1 set out in the First Schedule.

5.
Muslim Marriage Committee

For the purpose of these Rules, there shall be a Committee to be known as the Muslim Marriage Committee, which shall consist of-

(a)

the Chief Kadhi, who shall be the Chairman of the Committee; and

(b)

one representatives from each of the following-

(i) the Supreme Council of Kenya Muslims;
(ii) the Federation of the Khoja Shia Ithna Asheri Jamaat of Africa;
(iii) His Highness Prince Aga khan Shia imami Ismaili Council of Kenya; and
(iv) the Daudi Bohra Community (Falimi Dawat); and
(c)

an eminent Muslim scholar nominated by the Chief Kadhi.

6.
Functions of the Muslim Marriage Committee
(1)

The function of the Committee shall be to—

(a)

recommend suitable persons to the Registrar for appointment as Muslim marriage officers for purposes of these Rules; and

(b)

advise the Registrar on all such matters relating to or connected with the administration of these Rules referred to it by the Registrar.

7.
Gazettement of Muslim marriage officers
(1)

The Registrar shall issue a licence to conduct marriages to a Muslim marriage officer upon recommendation by the Committee.

(2)

A licence granted under sub-rule (1) shall be in Form MM2 set out in the First Schedule and shall be issued upon payment of the fee specified in the Second Schedule.

(3)

The Committee may at any time make a recommendation to the Registrar for the cancellation and recall of a licence to conduct marriages issued under this rule.

(4)

Before making a recommendation under sub rule (3) the committee shall furnish the concerned marriage officer with reasons for its recommendation and afford him an opportunity to be heard.

(5)

A person aggrieved by the decision of the committee under sub rule (4) may appeal to the Registrar within fourteen days of notification of the decision.

8.
Issuance of marriage Certificate books

The Registrar shall upon application by a Muslim marriage officer issue marriage certificate books necessary for officiating and registration of Muslim marriages upon payment of the fee specified in the Second Schedule.

9.
Form of marriage certificate

The marriage certificate to be issued in respect of a Muslim marriage shall be in Form MM3 set out in the First Schedule.

10.
Marriage Register
(1)

The Registrar shall establish and maintain a register of Muslim marriages into which shall be entered the details of the marriages in respect of which certificates are issued under these Rules.

(2)

The register referred to in sub-rule (1) shall be in Form MM4 set out in the First Schedule.

(3)

Every Muslim marriage officer shall, within two weeks of officiating a marriage, send a copy of the Certificate of marriage to the Registrar.

(4)

The Registrar shall, within two weeks upon receipt of the Marriage certificate from the Muslim Marriage Officer, make an entry in the marriage register.

11.
Certified copy of entry in marriage register
(1)

An application for a certified copy of a marriage certificate and a certified copy of the entry in the marriage register shall be made to the Registrar and shall be in Form MM5 set out in the First Schedule.

(2)

A certified copy of an entry in the marriage register shall be in Form MM6 set out in the First Schedule.

12.
Absence of mahr not to affect marriage
(1)

A marriage registered under these Rules shall not be invalid by reason only that—

(a)

no mahr has been agreed upon; or

(b)

there is uncertainty or ambiguity relating to mahr.

(2)

In cases contemplated under sub-rule (1)(a) or (b), the wife shall be entitled to equal mahr al mithl.

13.
Reference to and action by Court

Where-

(a)

a marriage involves a woman who has no waliyy in a situation where a waliyy is required under her respective Muslim school of jurisprudence; or

(b)

the consent to marriage by the waliyy of the woman to the intended marriage is denied,

the Muslim marriage officer shall refer the matter to the Court nearest to the place where the woman resides and the Court shall issue the appropriate directions.

14.
Verification of particulars of persons intending to marry
(1)

Upon a request to officiate a marriage, the marriage officer shall confirm the following particulars in respect of parties intending to register their marriage—

(a)

the age of the bride and bridegroom;

(b)

the consent of the bride and bridegroom;

(c)

the consent of the waliyy of the bride, provided that such consent shall not override the consent of the bride and bridegroom;

(d)

the consent of the bride or groom as the case may be, in writing in case of marriage through a wakil;

(e)

the identity of the parties and the waliyy; and

(f)

certificate and affidavit of confession where the bride or bridegroom are revertees.

(2)

At least one of the parties to the marriage shall be present at the wedding.

15.
Validity or invalidity of Muslim marriages

Nothing contained in these Rules shall be construed to render valid or invalid, by reason only of registration or non-registration, any Muslim marriage which is otherwise invalid or valid, as the case may be, according to the law governing the respective Muslim school of jurisprudence to which parties to such marriage belong.

16.
Determination of the status, mutual rights and obligations of the parties

In all matters relating to any Muslim marriage, the status and the mutual rights and obligations of the parties shall be determined according to the law governing the respective Muslim school of jurisprudence to which the parties belong.

17.
Registration of marriages contracted by a Kenyan citizen abroad

Where a Kenyan citizen has contracted a valid Muslim marriage outside Kenya, not being a marriage registered under section 57 of the Act, the person shall upon return to Kenya appear before the nearest Court to have the marriage registered under these Rules.

18.
Marriages performed under 6 (Repealed)

All Muslim marriages registered under the Mohammedan Marriage and Divorce Registration Act Cap. 155 (repealed) shall be deemed to be registered under these Rules.

19.
Fees

The fees payable under these Rules shall be as set out in the Second Schedule.

FIRST SCHEDULE

FORM MM1 r. 4(2)

REPUBLIC OF KENYA

FORM MM2r. 7(2)

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

LICENCE TO CONDUCT MARRIAGES

IN EXERCISE of the powers conferred on me by section 52 of the Marriage Act 2014, I hereby license the Muslim Marriage Officer-

.......................................................................................................................................named in the Schedule hereto to celebrate marriages under the provisions of these Rules and the Act.

SCHEDULE

Name of marriage officer..................................................................................................

Dated the................................................................................................................. 20.............

Registrar of Marriages

FORM MM5

[Rule 11(1).]

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

APPLICATION FOR CERTIFIED COPY OF REGISTER OF MUSLIM MARRIAGE

General Search Form

(Please complete this Form in BLOCK LETTERS)

Details of Applicant

Name

Phone No.

Address.

Full Name of Husband

Full Name of Wife

Date of Issuance of Marriage Certificate

Place of Issuance of Marriage Certificate

Officiated By: (Kadhi or Muslim Marriage Officer)

Name and Address of Registry Office/Place of Issuance Of Marriage Certificate

Entry Number of Certificate or Register

Other Particulars which would help to trace the Entry:

COMMENTS.

FORM MM6

[Rule 11(2).]

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

CERTIFIED COPY OF REGISTER OF MUSLIM MARRIAGE

Marriage Certificate issued at .............................................. in ........................ sub-county,..................................county in the Republic of Kenya.

Date of Marriage Ceremony:

Serial No. of the Marriage Certificate:

Date of Issuance of Marriage Certificate:

Age:

Marital Status:

Occupation:

Residence at time of marriage:

County:

Sub-county:

Wife's name:

Age:

Marital Status:

Occupation:

Residence at time of marriage:

County:

Sub-county:

Certificate Issued to........................................................ .........................................................

By ..........................................................(in the presence of) ................................................................................................................

Entered this ............................day of............................. 20....................... at ....................... the County Registry of Marriage at ...................................

..................................

REGISTRAR

Certified to be a true copy of an entry of marriage in the Muslim Marriage Register. Given under the seal of the Registrar on the ........day of ......................... 20

NOTES

Any person who (a) falsifies any of the particulars of the certificate, or (b) uses a falsified certificate as true copy knowing it to be false, is liable to prosecution.

Typed by: .......................................................

Checked by: .................................................

SECOND SCHEDULE

FEES

REPUBLIC OF KENYA

MARRIAGE ACT, 2014

FEES

Item

KSh.

1. Application for marriage form

600

2. Issuance of marriage certificate

500

3. Issuance of a certified copy of register of marriage

600

4. Search of marriage register

500

5. Amendment of marriage record

200

6. Issuance of a marriage license

2,000