Kenya is a popular destination for international couples seeking to formalize their union. The Marriage Act, 2014, provides a structured legal framework governing marriages involving Kenyan citizens and foreigners, as well as marriages between two foreigners. Whether you’re a couple looking for a civil ceremony, a church wedding, or a traditional celebration, the Kenyan legal system accommodates your union, provided the required steps are followed.
The process, requirements, timelines, and costs can vary depending on the specific circumstances and type of marriage chosen. Here's a comprehensive guide to help you navigate the legal requirements and procedures.
A traditional marriage ceremony in Kenya
Types of Marriages Recognised Under the Kenyan Marriage Act
The Marriage Act, 2014, recognises five types of marriage:
- Christian Marriage - Conducted in a church by a licensed minister, where a party to the marriage professes the Christian religion.
- Civil Marriage - Conducted at the Registrar of Marriages.
- Customary Marriage - It is celebrated under the customs of the communities of one or both of the parties to the intended marriage.
- Hindu Marriage - Conducted only to persons who profess the Hindu faith.
- Islamic Marriage - Celebrated only for persons who profess the Islamic Faith.
Foreigners can enter into Christian, Civil, Hindu, or Islamic marriages. However, customary marriages are not available to a Kenyan-foreigner union, as most foreign jurisdictions do not recognise polygamy, and there’s no way to verify the foreign national’s marital status without a Certificate of No Impediment.
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Requirements for Registering a Marriage in Kenya
To successfully register a marriage in Kenya, both the Kenyan citizen and the foreign national must provide specific documents. These include:
For the Kenyan Citizen:
- Copy of National ID or valid passport
- Copy of Birth certificate
- Passport-size photo
- Affidavit confirming marital status (single, divorced, or widowed)
- Divorce decree Absolute (if previously married)
- Death certificate (if widowed)
- An affidavit to confirm marital status if the Divorce Decree or Death Certificate is more than 2 years old
For the Foreign National:
- Valid passport
- Birth certificate
- Passport-size photo
- Certificate of No Impediment to Marriage (issued by their home country)
- Divorce decree (if previously married)
- Death certificate (if widowed)
- Visa or work permit (for foreigners residing in Kenya)
Registration of Marriage between a Kenyan and a Foreigner Part 2.
Step-by-Step Process for Marriage Registration
Navigating the marriage registration process in Kenya involves several key steps. Here's a detailed breakdown:
- Choose the Type of Marriage
Decide whether the marriage will be civil, religious (Christian, Hindu, Islamic)
- Gather Required Documents For Both Parties
- Valid identification (Kenyan ID or passport)
- Passport-sized photographs
- Birth certificates
- Affidavit of single status (from a lawyer)
- If widowed or divorced: death certificate or divorce decree
- Additional for Foreigners: Certificate of No Impediment to Marriage from their country of origin (proving they are free to marry)
- Proof of residence or visitor’s permit
- Notice of Marriage
The couple must give notice of their intention to marry at the Registrar of Marriages. The notice is posted for 21 days to allow for objections.
- Application for a Special Marriage License
Foreigners must apply for a Special License under Section 33 of the Marriage Act via eCitizen. Both parties must book an appointment on eCitizen, appear before the Registrar for verification, and attend an interview. The special licence allows the parties to marry without the 21-day notice period. The special Licence costs Kshs 10,150.
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- Payment of Fees
Pay the relevant fees, which vary depending on the type of marriage and the venue selected. After payment, the couple book their wedding date for the solemnization ceremony.
- Marriage Ceremony & Certificate Issuance
Marriage is solemnised at the Registrar’s office, church, temple, or mosque. A licensed officiant must conduct the ceremony. The couple receives a Marriage Certificate, serving as legal proof of marriage.
Special License for Marriage
In Kenya, marriage is governed by the Marriage Act. A Special License for Marriage is a legal document issued by the Registrar of Marriages.
A Marriage By Special License is only possible and or necessary for marriages under a Civil, Christian and Hindu marriages. Therefore, both parties must be single at the time of application.
Foreign nationals can and are required to apply for a special license to get married in Kenya.
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Typically, couples need their valid passports or IDs, birth certificates, proof of marital status (affidavit of single status or divorce decree), passport photos, and a written request for the license.
The Registrar will review your application and documents.
The fee for obtaining a special license ranges between Ksh 7,200 and Ksh 16,700, depending on the place the marriage ceremony will be conducted and the registrar’s discretion.
When lodging your application with the Registrar of Marriages, pay special attention to the county or region in which your application is made.
After the ceremony is conducted, the officiant is required to register the marriage within the prescribed period.
Registration is a separate process and results in the issuance of a marriage certificate.
Government fees for a Special License vary but typically range from KES 7,200 to KES 16,700.
Processing usually takes a few days if all documents are in order.
Both parties must be present in the country at the time of application.
You can engage an advocate to assist with your Special License application in Kenya.
Why Apply for a Special License?
- Foreign Nationals: A foreign national must apply for a special license to get married in Kenya.
- Speed: A couple who wish to get married quickly, as they do not have time to wait for the statutory twenty-one (21) day waiting period under a Marriage by Notice (where parties must wait for the statutory period to lapse after filing a Notice of Intention to Marry).
- Where one or both of the parties are Refugees, they must provide a valid Alien Card in place of the National ID as their identity document.
Process of Acquiring a Special License
- Visit the Registrar of Marriages for Document Verification During the Application process, you will be required to book a date for document verification.
- Pay the Applicable Fees The fee for obtaining a special license ranges between Ksh 7,200 and Ksh 16,700, depending on the place the marriage ceremony will be conducted and the registrar’s discretion.
- Wait for Approval
- License Issue You will be issued the Special License for Marriage, which may be valid for up to three (3) months.
Marriages conducted under a Special License in Kenya are legally recognised worldwide as long as they are properly registered and a marriage certificate is issued.
Residency Status After Marriage for Foreign Nationals
A foreign spouse must apply for an immigration status that allows them to reside in Kenya legally. The following options are available:
- Kenya Dependent’s Pass (KDP)
Applicable to mostly female spouses married to Kenyans, without engaging in business or employment. 🚨 Warning: It is an offence to work under KDP.
- Work Permits
If a foreign spouse wishes to invest, work, or practice a profession, they must apply for the appropriate work permit. To understand the various types of permits and visas available in Kenya
- Permanent Residency
Available after three years of continuous marriage. Male spouses must also hold valid work permits to qualify.
- Citizenship by Marriage
Available after seven years of continuous marriage. Male spouses must also hold valid work permits to qualify.
🚨 Important: It is an offence under Section 53(m) of the Kenya Immigration and Citizenship Act, 2011, for a foreigner to reside in Kenya without a valid residency permit.
A Kenyan passport
Recognition of Foreign Marriages in Kenya
Kenya recognises foreign marriages, provided:
- The marriage was conducted under the laws of the foreign jurisdiction.
- Both parties had the legal capacity to marry under the foreign country’s law.
- One party was domiciled in Kenya at the time of marriage.
Additionally, Christian and Civil marriages conducted at Kenyan embassies, high commissions, or consulates abroad are registered under Kenyan law.
Immigration & Citizenship Status of Children
Children born to a Kenyan and a foreign spouse are automatically Kenyan citizens by birth. The Constitution of Kenya (Article 14(1) & (2)) guarantees this right.
Can Citizenship or Permanent Residency Be Revoked After Divorce?
Citizenship or permanent residency obtained through marriage is not invalidated upon divorce. The Constitution (Article 13(3)) states that citizenship is not lost through marriage or divorce. Permanent residency acquired via marriage remains intact even after separation.
FAQs on Marriage Registration in Kenya
Here are some frequently asked questions about marriage registration in Kenya:
| Question | Answer |
|---|---|
| Can two foreigners marry in Kenya? | Yes, as long as they meet the legal requirements for Christian, Civil, Hindu, or Islamic marriage and provide Certificates of No Impediment from their respective countries. |
| Can a foreigner marry in Kenya without a Kenyan visa? | No. A valid visa or work permit is required for marriage registration. |
| Is a Certificate of No Impediment mandatory for foreigners? | Yes, this document is required to demonstrate that the foreign national is legally eligible to marry. |
| Can the 21-day notice period be waived? | Yes, by applying for a Special License and providing valid reasons for urgency. This is at the discretion of the Registrar |
| Can a Kenyan citizen and a foreigner marry under Customary Law? | No, the Registrar does not process customary marriages involving foreign nationals due to verification challenges and polygamy concerns. |
| Does marriage in Kenya grant automatic citizenship to a foreign spouse? | No. Citizenship by marriage requires seven years of continuous residency in Kenya. |
| Is a marriage in Kenya valid internationally? | Yes. Kenyan marriage certificates issued under the Marriage Act, 2014, are recognised globally, especially if authenticated/apostilled. |
| Can we get married in Kenya on a tourist visa? | Yes. Many couples travel on tourist visas and marry via civil or religious ceremonies, especially using the Special Licence route. |
| How long does the process take? | Typically, 2-3 months from notice to certificate issuance, though this can be expedited with a Special License. |
Embassy and consulate personnel cannot perform marriages in foreign countries. Depending on the law of the foreign country, local civil or religious officials generally perform marriages.
Marriages performed overseas are considered valid in the country where they take place if they are entered into in accordance with local law.
Section 22 of the Act provides for recognition of marriages celebrated outside Kenya in so long as they are conducted between competent individuals and in accordance with the laws of the country where the marriage was celebrated.
The marriage ceremony procedure involves filing a “Notice of Marriage” form available at the Registrar’s office with the Registrar of Marriages and waiting out a twenty-one days legal notice period for any objections to be raised on the intended marriage.
After the twenty-one days lapse with no objection, the couple completes an affidavit as directed by the Registrar of Marriages who also commissions the affidavit and completes a Marriage Certificate form.
Payment for this service is Kshs.2,700.00(subject to change); the fee caters for the marriage solemnization ceremony. This is at the discretion of the Registrar of Marriages.
Special License fee is Kshs.7,000.00 (subject to change).
Fee of Kshs.16,700.00 (subject to change) payable at the Registrar of Marriages office and application for a license.
Fee of Kshs.14,200.00 (subject to change) payable at the Registrar of Marriages office and application for a license.
Well upon marrying a foreign national who wishes to reside in Kenya, it would be imperative for one to procure the suitable immigration residency status.
The interpretation and implementation of this section by the Office of the Attorney General has been to the exclusion of a customary marriage between a Kenyan citizen and a foreigner.
It is argued that while customary marriages are presumed to be polygamous or potentially polygamous; most foreign jurisdictions do not recognize polygamy.
Secondly, it has been indicated that at the time of contracting a customary marriage, there is no way to confirm the marital status of the foreign national (as in the case of a civil, Hindu or Christian marriage where the foreigner must obtain a certificate of no impediment) who could be in a monogamous marriage and render the Kenyan customary marriage void.
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