Civil marriages have become the preferred choice for formalizing matrimonial unions due to their affordability and convenience. Regulated by the Marriage Act of 2014, they are officiated by a registrar of marriages under the Attorney General’s office.
Eligibility Requirements
• Age and Consent: Both parties must be at least 18 years old and consent to the marriage.
• Marital Status: Both individuals must be single, divorced, or widowed. If applicable, proof of divorce or a death certificate is required and must be at least two years old.
• Prohibited Relationships: The couple must not be closely related by blood or marriage.
Required Documents
1. The couple must provide a valid national identification cards or passports for both parties.
2. They must produce their original birth certificates for both individuals.
3. A sworn affidavit confirming marital status is required—separate affidavits for individuals who are not married or a joint affidavit for those married under customary law.
4. A Certificate of No Impediment is required for foreign nationals, issued by their home country to confirm that no legal barriers prevent the marriage.
Process of Civil Marriage
1. Notice of Intention to Marry
The couple must pay Kshs 600 to obtain a ‘Notice of Intention to Marry’ and submit the completed form to the Registrar of Marriages. The notice is then publicly displayed on the office’s notice board for 21 days to allow for any objections.
2. Marriage Interview
Once the 21-day notice period elapses, both parties must attend an interview with the Registrar to verify the authenticity of their information and documents.
3. Fee Payment
After successfully completing the interview, the couple must pay a fee of Kshs 3,300 online to book the marriage solemnization. A date is then assigned for the official ceremony.
4. Solemnization of Marriage
The marriage ceremony is officiated by the Registrar on a scheduled date, which must occur within 90 days from the notice submission.
On the appointed day, the couple is invited into the marriage room, where the official reads a paragraph outlining the consequences of separation in the future. After confirming their understanding of the clause, they exchange rings, sign the certificate, and are then pronounced husband and wife.
Witnesses must be present in the civil marriage process in Kenya. Two witnesses are required and must be aged 18 or older, and can be friends, family members, or anyone chosen by the couple. Their role is to observe the ceremony and sign the marriage certificate, which helps to validate the union.
Civil Marriage by Special License
Couples can apply for a special license if they need to waive the 21-day notice period due to urgent circumstances. This application requires valid reasons and may incur additional fees.
The process is similar to that of a civil marriage, with an initial payment of Kshs 600 for the notice. After successfully completing the interview, the couple will need to pay a fee of Kshs 9,700 via the eCitizen platform to book the wedding, provided the ceremony is held at the Registrar’s office.
Both applicants must have been residents in Kenya for at least seven days prior to the application, and the marriage must take place within 14 days of approval.
Where Civil Marriages are conducted in Kenya
Civil marriages can be registered at the Registrar of Marriages offices in various towns, including Nairobi, Nakuru, Eldoret, Kisumu, Malindi, Embu, Meru, Kisii, and Machakos.
