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. Caldwell, caldwell, and quiggin 1989, p187 have pointed to a distinct and internally coherent african system embracing sexuality, marriage, and much else that centers on the importance of lineage and fertility. The law of inheritance in kenya is governed by the law of succession act,chapter 160 laws of kenya. Kenya is home to the tenthlargest refugee population in the world, and hosts the highest number of somali refugees globally unhcr, 2016. It is quite common especially among the pastoralist communities such as the samburu, maasai, and the pokot.
One of its provisions is the customary law clause that. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Polygamy and kenyas marriage bill africa on the blog. Registration of customary marriages in kenya is governed by the marriage customary marriage rules, 2017, under the marriage act. Guidance on all marriages solemnized under the marriage act 4 of 2014. Kenyas new marriage bill manages to both legalize the longstanding cultural practice of polygamy and to bolster the religious mantra that marriage is only. Getting married in kenya state law office and department of. The passing of the bill caused angry female members of parliament to storm out of the late night vote on the polygamy legislation in protest. Kenya acceded to the cedaw in 1984 without reservations. Case reporting is through the kenya law reports, kenya appeal reports and kenya court of appeal decisions. Sep 08, 2018 the marriage act, 2014 recognizes five 5 systems of marriage, namely. 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. The rejection of the marriage bill in kenya journal of.
The rejection of the marriage bill in kenya volume 23 issue 2 skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. Scotland, or a certificate for marriage issued by a registrar in northern ireland or the republic of ireland shall in kenya have the same effect as a certificate for marriage issued by a registrar under section 11 of this act. The abuse of women and girls, including early marriage and wife inheritance, is a factor in the spread of human immunodeficiency virusacquired immune deficiency syndrome hivaids. The rejection of the marriage bill in kenya volume 23 issue 2. Kenyas president uhuru kenyatta has signed into law a controversial marriage bill legalising polygamy. Marriage is based on the truth that men and women are complementary, the biological fact that reproduction depends on a man and a woman.
Recognition of foreign marriages as civil marriages in kenya. May 01, 2014 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. Comprehensive marriage law enacted global legal monitor. View notes marriage act from law g34 at university of nairobi. Marriage bill, 20 kenya law reform commission klrc. An act to amend the law relating to the definition of marriage and protect religious freedoms, and for related purposes.
Marriage act, cap 150 laws of kenya the marriage act. Kenyas parliament passed a bill allowing men to have a limitless number of wives, irritating womens rights groups. For example, a 10 year old in samburu was married off to a 55 year old man daily nation, june, 2008. Parliament passes comprehensive marriage bill, changes process for contracting customary marriages, global. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Marriage amendment definition and religious freedoms bill 2017. 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. Part iii examines kenyas new constitution, highlighting its bill of rights and the incorporation of international law into kenyas domestic law. Published by the national council for law reporting. Challenges and opportunities in inheritance rights in kenya. You can optionally provide a password to protect this file. There will be one act of parliament governing marriages in zimbabwe and the new act will also update the law in line with the constitution. Kenyas new polygamy law is a win for mens rights activists. Parliament passes matrimonial property bill, affects.
A reflection on the african traditional values of marriage. These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. Kenya acceded to the iccpr and icescr in 1972, with a reservation to article 102 of the icescr. Guidance on celebration of civil marriages at kenyan high commissions and consulates outside kenya. The constitution of kenya 2010 prohibits the discrimination of people on the basis of gender. Civil, christian, customary, hindu and islamic marriages. 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. Divorce rates in kenya lowest in subsaharan africa monday january 11 2016 a new study done at mcgill university in montreal, canada has found that divorce rates in kenya are a half those in the. Kenyas parliament has passed a bill allowing men to marry as many women as they want, prompting furious female mps to storm out, reports say. Kenya into marriage districts, for the purposes of this act, and may, by like order, alter districts either by alteration of boundaries or by union or subdivision of districts, or by the formation of new districts. This act may be cited as the children act, 2017 and shall come into operation on such date as the cabinet secretary may, by notice in the gazette, appoint and different dates may be appointed for different provisions.
These rules were effected by gazette notice number 5345 issued on the 9th june 2017. The law gives men the right to enter multiple marriages, without having to consult their existing spouses or obtain their consent. Divorce rates in kenya lowest in subsaharan africa. A kenya gazette notice dated june 9 stated that marriage certificates would be issued to parties upon successful completion. Married women have been granted significant new protections under a new marriage bill, which goes before parliament tuesday. May 27, 2014 this is where the marriage bill becomes important it allows for recognition of all spouses equally as long as the marriage was registered in accordance with the law. Presumptions as to property acquired during marriage. 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. For the moment, marriage and divorce laws continue to be customary, statutory, islamic and hindu laws, though discussions continue on proposed uniform marriage law. 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. Kenyas marriage bill 2014, signed into law by president uhuru kenyatta, legalizes the act of polygamy. Cohabitation, marriage, and sexual monogamy in nairobi. Kenyan parliament to recognize same gender marriage bill.
Kenyas parliament passes bill allowing polygamy kenya. A reflection on the african traditional values of marriage and sexuality dr. Laws of kenya the marriage act chapter 150 revised edition 2008 1984 published by the national council for law. The following documents are required to register any of the mentioned marriages. The act gives legislative effect in statute law to the thirtyfourth amendment of the constitution of ireland, which mandates such provision. After the 21day notice, if the ceremony is to take place in the.
View notes marriage act, cap 150 from law g34 at university of nairobi. The kenyan president described the act as one which consolidates various laws relating to marriage provides procedures for separation and divorce. Available formats pdf please select a format to send. Box 4384400100, nairobi, kenya abstract it is the opinion consensuses of a few scholars that the institution of marriage has continued to. Has the kenyan marriage bill undone endeavors to protect the rights of women in a democracy. The marriage bill 20, which will beformally introduced tuesday. Kenya made some progress in 2003, when it set up a national human rights institution, the kenya national commission on human rights knchr, with a mandate to. How to contact the registrar of marriages, nairobi, kenya.
All marriages are registrable and a certificate of marriage shall be issued upon registration. The gazette notice required that all customary marriages be registered from the 1st of august 2017. 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. 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. 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. There were an estimated 8,000 internally displaced persons idps in kenya at the end of 2016, the majority. Lesbian, gay, bisexual, and transgender lgbt persons in kenya face legal challenges not experienced by nonlgbt residents. May 30, 2014 kenyas marriage bill 2014, signed into law by president uhuru kenyatta, legalizes the act of polygamy.
The bill is about women, their rights in a marriage, distribution of wealth and succession. The married women property act shall cease to extend to or apply in kenya. Civil marriages these are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. Nb this will be for the notice which will run for 21days 2. Parliament passes comprehensive marriage bill, changes process for contracting customary marriages mar. 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. Law of the marriage act 2014, information obtained from kenyan advocate. Marriage amendment definition and religious freedoms act. President uhuru kenyatta signs kenya polygamy law bbc news. Marriage laws around the world pew research center. Kenya is governed by the marriage customary marriage rules, 2017, under the marriage act. Marriage bill, 2014, 97, kenya gazette supplement july 5, 20, available at kenya national council for law website. The proposed kenya marriage bill 20 linkedin slideshare. Polygamy bill allows kenyan men many wives swaziland.
Why kenya must not pass its revised marriage property bill. Polygamy bill allows kenyan men many wives swaziland al. In 2014, kenya signed a joint statement at the human rights council calling for a resolution on child marriage. The rejection of polygamy bill had little to do with westernising kenya and i think the western world is largely just watching in amusement. Permanent mission of the republic of kenya to the united nations 866 u. Nov 22, 20 at the same time, the bill also provides that any household debts are evenly shared between husband and wife upon dissolution of the marriage. The marriage bill, 2012 5603 37civil marriages in foreign countries. Kenyan couples married under customary law told to obtain. 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. Part iv argues that kenyas antisodomy laws are unconstitutional in light of the bill of rights and international human rights agreements to which kenya has legally bound itself.
Isaac mwaura, a kenyan member of parliament, has asked his fellow lawmakers to consider a bill recognizing people who may identify as intersex and accepting them as a third gender t he intersex society of north america says the term intersex describes a variety of conditions in which a person is born with a reproductive or sexual anatomy that doesnt seem to fit the typical. 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. Apr 29, 2014 kenya s president uhuru kenyatta has signed into law a controversial marriage bill legalising polygamy. The registrar of marriages wishes to inform all parties married under african customary law that they are required to register their marriage starting 1st of august, 2017, the notice read in part. Its refugee and asylumseeker population of 490,656 is third only to uganda and ethiopia in africa. Hindu marriage and divorce act as last amended 1962. This marriages bill, 2019, repeals and replaces the current customary marriages act chapter 5.
Copies of identification cards and coloured passport size photos for both parties and ksh 600. Getting married in kenya state law office and department. Download marriage bill, 20 in pdf kenya law reform. The marriage act, 2014 recognizes five 5 systems of marriage, namely. A husband or a wife may present a petition to the court praying that his or her marriage may be declared null and void. Marriage in kenya the following documents are required to register for marriage in kenya. Marriage, coresidence, and union formation in kenya. International conventions with relevant reservations.
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