Newly appointed Attorney General Dorcas Oduor has hit the ground running, with one of her initial focuses being the requirement for all religious leaders and marriage registrars to submit marriage certificates.
In a notice published on MyGov on Tuesday, September 3, the Attorney General’s office has mandated that all marriage certificates for marriages that have already taken place must be submitted within 30 days.
Additionally, registrars have been given a 14-day deadline to scan and upload all marriage certificates from civil, Christian, Hindu, Islamic, or customary marriages in Kenya for marriages that are still unrecorded.
She also instructed that for marriage ceremonies conducted from September 1, the marriage certificate should be scanned and uploaded with the original copy delivered to the registrars within two weeks.
“Scan and upload marriage certificates and Registrar’s certificates or special license as the case may be for all marriages to be conducted from September 1, 2024. The same is to be submitted to marriage.returns@ag.go.ke.”
“Deliver the original marriage certificates to the Registrar of Marriages, Nairobi within Fourteen (14) days of the celebration of the marriage.”
This is seen as a government initiative to strengthen control over marriage records, ensuring every certificate is accounted for and potentially monetized.
The current administration is concentrating on increasing revenue for administrative operations, especially after the Finance Bill 2024 was rejected. Consequently, revenue extraction efforts have shifted to other sources, including the issuance of crucial documents such as national identity cards, passports, work permits, and now, marriage certificates.
The Kenya Kwanza administration aims to collect a substantial Ksh55.8 billion in the upcoming financial year, a significant increase from the Ksh28.3 billion targeted this year.
In November last year, the government significantly increased marriage processing fees from Ksh 5,000 to Ksh 50,000, a move that faced widespread criticism from Kenyans.
The directive to increase charges for critical documents was temporarily suspended by the High Court following a petition filed by a Nakuru-based doctor. While this provided temporary relief to Kenyans, the legal battle over the new fees continues.
The pressure is now on religious leaders and registrars, who must ensure that every marriage certificate—be it for civil, Christian, Hindu, Islamic, or customary marriages—is submitted to the Registrar of Marriages in Nairobi. Non-compliance could lead to serious repercussions, including legal action.
Under the Marriage Act, Cap 150, registrars and licensed ministers of faith are required to complete and sign marriage certificates during ceremonies, with both the couple and witnesses also signing. These certificates must then be submitted to the Registrar, who will keep them in an official register.
Following Attorney General Oduor’s latest directive, it appears that the government remains resolute in enforcing the contentious policy and advancing its revenue-raising agenda, despite the court’s intervention.
