Marriage and divorce act laws of kenya pdf

Jan 22, 2009 home the registration of customary marriage and divorce act 2007. The law on matrimonial property at the time, the english married. While international eyes are focused on kenya in light of the recent elections, an important debate is ongoing in uganda. 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. Lord justice spry court of appeal for east africa and of the succession commission the hon. The marriage act, 2014 recognizes five 5 systems of marriage, namely. Hindu marriage and divorce act chapter 157, based on hindu law and governing adherents of the hindu faith. The following documents are required to register any of the mentioned marriages. View notes matrimonial causes act, cap 152 from law g34 at university of nairobi. Marriage bill, 2014, 97, kenya gazette supplement july 5, 20, available at kenya national council for law website. In kenya the institutions of marriage and succession are closely intertwined.

Download marriage bill, 20 in pdf kenya law reform. This act may be cited as the law of marriage act, 1971, and shall, subject to the provisions of section 166, come into operation on the 1st day of may, 197 1. Tanzania the law of marriage act, 1971, as amended by. Marriage relationships may also be created by the operation of the law alone, as in commonlaw marriage, sometimes called marriage by habit and repute. If the parties in a polygamous marriage divorce or a polygamous marriage. The law on matrimonial property at the time, the english married women. Laws of south africa legislation lesotho law leslii liberian law liberlii. Kenya ratified the convention on the rights of the child in 1990, which sets a minimum age of marriage of 18, and acceded to the convention on the elimination of all forms of discrimination against women cedaw in 1984, which obligates states to ensure free and full consent to marriage.

The court had to interpret section 662e of the marriage act, 2014 which provides that a divorce may be granted where the marriage has been shown to have irretrievably broken down. Notwithstanding any provision to the contrary in the marriage act, a marriage may be celebrated under this act in any place of public worship, whether or not such place of worship is licensed under section 7 of the marriage act. This global legal monitor article by hanibal goitom covering child custody, divorce, marriage and family status, polygamy was published on. Tanzania the law of marriage act, 1971, as amended by act. Marriage laws around the world pew research center. Laws of kenya the matrimonial causes act chapter 152 revised edition 2008 1962 published by the national council. Ugandas marriage and divorce bill of 2009 is finally being debated in its parliament.

Current state of the law in kenya i marriage and divorce due to the historical factors explained above, family law in kenya is regulated under four different legal regimes, namely. And when the divorce is finalised, section 26 1 of the matrimonial causes act may come into effect, leading to a court order compelling one spouse to make periodical payments towards maintenance of the other and infant children of the marriage. The minimum marriage age is governed by the marriage act for statutory marriages requiring parties to be 16 years of age and by the relevant personal laws applicable. Laws of kenya chapter 151 revised edition 2008 1977 published by the national council for law reporting nairobi the african christian marriage and divorce act. Divorce under civil law under the 1941 matrimonial causes act, kenya s high court may.

Divorce rates in kenya lowest in subsaharan africa. 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. 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. Registration of customary marriages in kenya is governed by the marriage customary marriage rules, 2017, under the marriage act. Kenyan law does not allow divorce by consent of the married couple. This is a judicial recognition that two people who have been living as domestic partners are subject to the rights and obligations of a legal marriage, even without formally marrying. Civil, christian, customary, hindu and islamic marriages. The chairman of the marriage commission was the hon. The registration of customary marriage and divorce act.

Getting married in kenya state law office and department. View notes marriage act from law g34 at university of nairobi. Under kenya laws,the method in which one divorces depends on the type of marriage one contracted. Getting married in kenya state law office and department of. After independence kenya adopted laws from britain. 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. There are various types of divorces under the kenya family law and this include. For the moment, marriage and divorce laws continue to be customary, statutory, islamic and hindu laws, though discussions continue on proposed uniform marriage law. Parliament passes comprehensive marriage bill, changes process for contracting customary marriages, global. 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 officers under laws repealed by this act 1 any person who, at the commencement of this act, is under the provisions of any prior law authorized to solemnize any marriages as if such law had not been repealed, but shall exercise such authority in accordance with the provisions of this act. In tanzania the parties are allowed to petition for a decree of divorce or separation in the court of law regardless as to whether their marriage was a customary marriage or religious marriage. Nothing in this act shall authorise the making of any decree of dissolution of marriage unless the petitioner is domiciled in uganda at the time when the petition is presented. Marriage act, cap 150 laws of kenya the marriage act. Marriage act 4 years ago admin laws and acts governing the system. Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the act. Aug 14, 2011 in tanzania the parties are allowed to petition for a decree of divorce or separation in the court of law regardless as to whether their marriage was a customary marriage or religious marriage. Comprehensive marriage law enacted global legal monitor. The bill in its various iterations has been waiting for parliamentary approval for approximately 40 years. How to contact the registrar of marriages, nairobi, kenya. In the traditional setting people practiced customary law which encouraged polygamy and generally discouraged the owning property by women. Published by the national council for law reporting. Section 66bd of the act further provides that a marriage is deemed to have irretrievably broken down where.

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. The african christian marriage and divorce act act, african. Kenya is a mixed common law, customary law, and islamic law system. Parliament passes matrimonial property bill, affects. Marriage bill, 20 kenya law reform commission klrc. The registration of customary marriage and divorce act 2007. Provided that a judge of the court may, upon application being made to him in accordance with rules made under this act, allow a petition to be presented before three years have passed on the. Ugandas marriage and divorce bill on the table, again. Civil marriages these are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. Laws of kenya the matrimonial causes act chapter 152 revised edition 2008.

View notes marriage act, cap 150 from law g34 at university of nairobi. Tanzania the law of marriage act, 1971, as amended by act 2373, act 1580 and act 996 sections 102, 1 and 15 of tanzanias law of marriage act of 1971 allow men to contract polygamous marriages, and permit the marriage of 15yearold girls, while the minimum age of marriage for boys is 18. The matrimonial laws relating to divorce and separation in india have been greatly influenced by the english matrimonial law viz. The matrimonial causes act only allows the dissolution of a marriage on four grounds, namely adultery desertion. Hindu marriage and divorce act as last amended 1962. Divorce under civil law under the 1941 matrimonial causes act, kenyas high court may. African customary laws of the various cultural groups. Divorce in kenya is stipulated by the marriage act and it is this act that dictates how the different forms of marriages should be dissolved. This marriages bill, 2019, repeals and replaces the current customary marriages act chapter 5. Qadis courts established to apply personal status law for muslims under kadhis courts act 1967. In this act, unless the context otherwise requirespolygamy means the state or practice of a man having more than one wifesimultaneously. Gendered dimensions of marriage and divorce registration laws in. These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices.

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. Under the act, the husband can claim separation on the ground of wifes adultery, but the wife had to prove adultery accompanied with bigamy, incest, cruelty, two years desertion. Historically, marriage had the specific purpose of perpetuating ones lineage, and in the process bestowing social status on men. Laws of kenya the marriage act chapter 150 revised edition 2008 1984 published by the national council for law. The interaction of legal systems is complex and often engenders conflict and competition. Parties to a marriage have equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage. Sep 08, 2018 the marriage act, 2014 recognizes five 5 systems of marriage, namely. Laws of kenya african christian marriage and divorce act chapter 151 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. Hindu marriage and divorce ordinance, 1960, of kenya. What is the process for divorce in kenya under the new. The law of marriage and divorce governing hindus is contained in the hindu marriage and divorce act and muslims are governed by the islamic law of marriage and divorce by virtue of the mohammedan marriage, divorce and succession act. Indeed until july 1, 1981 when the law of succession act cap. To begin with,it is neccessary to note that one cannot ask for divorce from a court during first three years after marriage.