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marriage act cap 150 explained

The Marriage Act, Cap 150, is a Kenyan law that governs marriage and divorce. It was enacted in 2014 and consolidated the various laws relating to marriage and divorce in Kenya. The Act recognizes five types of marriage: civil, Christian, customary, Hindu, and Islamic.

Table of Contents

  1. Introduction

  2. Types of Marriage

  3. Registration of Marriage

  4. Requirements for Marriage

  5. Dissolution of Marriage

  6. Case Laws

  7. Conclusion

Introduction

The Marriage Act, Cap 150, is a comprehensive piece of legislation that aims to regulate marriage and divorce in Kenya. It is a significant piece of legislation that has had a major impact on family law in Kenya. The Act is based on the principle of equality between spouses, and it seeks to ensure that all marriages are conducted in a fair and transparent manner.

Types of Marriage

The Marriage Act, Cap 150, recognizes five types of marriage:

  1. Civil Marriage: This is a marriage that is solemnized by a Registrar of Marriages. It is the most common type of marriage in Kenya.

  2. Christian Marriage: This is a marriage that is solemnized by a minister of religion. It is usually conducted in accordance with the rites of a particular Christian denomination.

  3. Customary Marriage: This is a marriage that is contracted according to the customary law of a particular community. It is usually conducted in accordance with the traditions and practices of the community.

  4. Hindu Marriage: This is a marriage that is solemnized according to the Hindu religion. It is usually conducted in accordance with the rites and ceremonies of the Hindu faith.

  5. Islamic Marriage: This is a marriage that is solemnized according to Islamic law. It is usually conducted in accordance with the rites and ceremonies of the Islamic faith.

Registration of Marriage

All marriages in Kenya must be registered with the Registrar of Marriages. This is a requirement of the Marriage Act, Cap 150. The registration of a marriage is important because it provides legal recognition of the marriage and ensures that the rights and obligations of the spouses are protected.

Requirements for Marriage

The Marriage Act, Cap 150, sets out the requirements for marriage in Kenya. These requirements include:

  • Age: The minimum age for marriage in Kenya is 18 years.

  • Consent: Both parties to the marriage must consent to the marriage freely and voluntarily.

  • Capacity: Both parties to the marriage must have the legal capacity to marry. This means that they must be of sound mind and not already married to another person.

  • Notice: A notice of intention to marry must be given to the Registrar of Marriages at least 21 days before the marriage.

  • Witnesses: The marriage must be solemnized in the presence of at least two witnesses.

Dissolution of Marriage

The Marriage Act, Cap 150, provides for the dissolution of marriage by divorce. A divorce can be granted on the grounds of:

  • Adultery: This is when one spouse has sexual relations with someone other than their spouse.

  • Cruelty: This is when one spouse has subjected the other spouse to physical or mental cruelty.

  • Desertion: This is when one spouse has abandoned the other spouse for a period of at least two years.

  • Irreconcilable differences: This is when the spouses have reached a point where they can no longer live together as husband and wife.

Case Laws

There are several case laws that have been decided in Kenya that have interpreted the Marriage Act, Cap 150. These case laws provide guidance on the application of the Act in specific situations.

  • In the case of JOO v MBO (2023) KESC 4 (KLR), the Supreme Court of Kenya ruled on the division of matrimonial property upon divorce. The court held that the division of matrimonial property should be fair and equitable, taking into account the contributions of both spouses to the marriage. The court also held that the court should consider the needs of the spouses and any children of the marriage.

  • In the case of CWN v DK [2021] eKLR, the High Court of Kenya held that the presumption of marriage in Kenya was abolished by the enactment of the Marriage Act. The court held that the marriages enumerated in section 6 of the Act are the only marriages recognized in law in Kenya. The court also held that a relationship that is not registered as a marriage under the Act cannot be presumed to be a marriage.

Conclusion

The Marriage Act, Cap 150, is a significant piece of legislation that has had a major impact on family law in Kenya. The Act is based on the principle of equality between spouses, and it seeks to ensure that all marriages are conducted in a fair and transparent manner. The Act also provides for the dissolution of marriage by divorce, and it sets out the grounds on which a divorce can be granted. The case laws that have been decided in Kenya provide guidance on the application of the Act in specific situations.

Sources:

  • The Marriage Act, Cap 150

  • JOO v MBO (2023) KESC 4 (KLR)

  • CWN v DK [2021] eKLR

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