Kenyas marriage bill 2014, signed into law by president uhuru kenyatta, legalizes the act of polygamy. Case reporting is through the kenya law reports, kenya appeal reports and kenya court of appeal decisions. A push by kenyas president and maledominated parliament to overhaul marriage bodes ill for the nations wives, socially and economically. Copies of identification cards and coloured passport size photos for both parties and ksh 600. Last month a controversial bill legalising polygamy became law in kenya. A reflection on the african traditional values of marriage. President kenyatta assents to marriage and heroes bills nairobi, 29 april, 2014 pscu president uhuru kenyatta has signed into law the marriage bill 2014. On the contrary, it is a way for the groom to show commitment and to seal the. The kenyan marriage act 2014, will it survive the courts of. Getting married in kenya state law office and department of. Sep 08, 2018 the marriage act, 2014 recognizes five 5 systems of marriage, namely. How kenyans are reacting to legalised polygamy bbc news. President kenyatta assents to marriage and heroes bills, the presidency website apr. Lesbian, gay, bisexual, and transgender lgbt persons in kenya face legal challenges not experienced by nonlgbt residents.
For more pls visit here on 28th april 2014 president kenyatta signed the marriage bill into law. Civil, christian, customary, hindu and islamic marriages. Download marriage bill, 20 in pdf kenya law reform. Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union, kenyatta said in a statement. Fulbright scholars and students the fulbright program is sponsored and administered by the bureau of educational and cultural affairs eca of the united states department of state, and awards scholarships to. Apr 29, 2014 kenya s president uhuru kenyatta has signed into law a controversial marriage bill legalising polygamy. Comprehensive marriage law enacted global legal monitor. The marriage act, 2014 recognizes five 5 systems of marriage, namely. In march 2014, kenyas parliament passed a bill allowing men to marry multiple wives.
A reflection on the african traditional values of marriage and sexuality dr. Celebrating a marriage without the required witnesses. You can optionally provide a password to protect this file. In kenya the institutions of marriage and succession are closely intertwined. 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. Kenya acceded to the iccpr and icescr in 1972, with a reservation to article 102 of the icescr. International conventions with relevant reservations. The bill in its various iterations has been waiting for parliamentary approval for approximately 40 years. Polygamy bill allows kenyan men many wives swaziland al. The law gives men the right to enter multiple marriages, without having to consult their existing spouses or obtain their consent.
Kenyas new marriage bill manages to both legalize the longstanding cultural practice of polygamy and to bolster the religious mantra that marriage is only. Issuance of certificates of no impediment to marry for kenyan nationals. Apr 29, 2014 kenya s new marriage bill manages to both legalize the longstanding cultural practice of polygamy and to bolster the religious mantra that marriage is only between a man and a woman and a woman. The act seeks to consolidate existing marriage laws into a single act currently seven. That even though the cause was heard on 28th may, 2014 after the commencement of the act the cause was filed before the commencement of the act. Jul 18, 20 the marriage bill, 20 397 schedule repealed acts the marriage bill, 20 a bill for an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purpose enacted by the parliament of kenya as follows part ipreliminary short title. Marriage bill, 20 kenya law reform commission klrc. Parliament passes comprehensive marriage bill, changes. Men that have gone into a party mood following provisions for polygamy in the marriage bill should hold their horses. Fulbright scholars and students the fulbright program is sponsored and administered by the bureau of educational and cultural affairs eca of the united states department of state, and awards scholarships to lecture, conduct research, and study abroad. The court held that the marriage act, 2014 was not applicable to a dispute that was filed on 31st october, 20 and thus before the act, which came into operation on 20th may, 2014. Polygamy bill allows kenyan men many wives swaziland. Civil marriages these are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices.
A new law that went into effect in kenya this week makes it legal for a. How to contact the registrar of marriages, nairobi, kenya. The marriage bill, 20 397 schedule repealed acts the marriage bill, 20 a bill for an act of parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purpose enacted by the parliament of kenya as follows part ipreliminary short title. Box 4384400100, nairobi, kenya abstract it is the opinion consensuses of a few scholars that the institution of marriage has continued to. The general scheme of the marriage bill 2015 presents, in the form of 11 heads, measures which would, in the event that the 34 th amendment of the constitution marriage equality bill 2015 is passed by both houses and approved in a referendum, be drafted as a formal bill and introduced by the government following the referendum. May 27, 2014 polygamy and kenyas marriage bill may 27, 2014 by vera the marriage bill, which was just signed into law, is not all about polygamy even though most people tend to think of it that way. Kenyas new polygamy law is a win for mens rights activists.
Kenya redefines marriage in a blow to womens rights public. Marriage laws around the world pew research center. Although it would be an important step forward for womens rights in marriage, many provisions of. 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 law replaces various other laws which have been at the moment repealed they include. Guidance on all marriages solemnized under the marriage act 4 of 2014. Guidance on celebration of civil marriages at kenyan high commissions and consulates outside kenya. Marriage in kenya state law office and department of justice. Kenya s parliament passed a bill allowing men to have a limitless number of wives, irritating womens rights groups. The marriage act 2014 defines various types of marriages. The marriage law had the intention of bringing together the various existing laws existing in the country into one coherent legal document. Marriages, part vii marriages under islamic law of the marriage act 2014. Marriage act an act to provide for the solemnisation of marriages.
Bill that permits men to marry more than one person without wifes consent prompts furious backlash agence francepresse in nairobi fri 21. The 2014 kenya demographic and health survey 2014 kdhs was implemented by the kenya national bureau of statistics from may 2014 to october 2014 in partnership with the ministry of health, the national aids control council nacc, the national council for population and development ncpd, and the kenya medical research institute kemri. Kenya acceded to the cedaw in 1984 without reservations. Presumptions as to property acquired during marriage. Jun 25, 2014 how kenyans are reacting to legalised polygamy.
The following documents are required to register any of the mentioned marriages. President uhuru kenyatta signs kenya polygamy law bbc news. May 01, 2014 marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union, kenyatta said in a statement. In this act, unless the context otherwise requirespolygamy means the state or practice of a man having more than one wifesimultaneously.
While the general perception that has been created this past week. It brings civil law, where a man was only allowed one wife, into line with customary law. Marriage act 4 years ago admin laws and acts governing the system. After the 21day notice, if the ceremony is to take place in the. Mar 21, 2014 bill that permits men to marry more than one person without wifes consent prompts furious backlash agence francepresse in nairobi fri 21 mar 2014 10. Kenyas parliament passed a bill allowing men to have a limitless number of wives, irritating womens rights groups. Among other objectives, the purpose of the bill is to consolidate the seven different marriage laws in the country. Meaning of marriage and related expressions in enactments and documents. Read now the marriage act 2014 recognises four types of marriages. P art 1g eneral p rovisions r elating to the b ill of r ights 19rights and fundamental freedoms. The proposed kenya marriage bill 20 linkedin slideshare. Marriage in kenya the following documents are required to register for marriage in kenya. 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. May 30, 2014 kenyas marriage bill 2014, signed into law by president uhuru kenyatta, legalizes the act of polygamy.
Marriage rituals in kenya dowry dowry, also known as bride price, is not mandatory if the two parties agree, and it is not a price for the exchange of a human being bride. The marriage act 2014 recognises four types of marriages. Comewestay marriages post the 2014 marriage actrecent. The marriage act 2014 defines various types of marriages including. For more of this and other stories, grab your copy of the standard newspaper. Where a kenyan wishes to celebrate a marriage outside kenya and where that kenyan is required to obtain a certificate of no impediment. Registration of customary marriages in kenya is governed by the marriage customary marriage rules, 2017, under the marriage act. Nairobi, 29 april, 2014 pscu breaking news, kenya, africa. Kenyas parliament passes bill allowing polygamy world news. Recognition of foreign marriages as civil marriages in kenya. Nb this will be for the notice which will run for 21days 2. Ugandas marriage and divorce bill on the table, again.
The strategy has been implemented in 30 districts and an additional 51 districts have been allocated. The interaction of legal systems is complex and often engenders conflict and competition. Ugandas marriage and divorce bill of 2009 is finally being debated in its parliament. Polygamy is common among traditional communities in kenya, as well as among the countrys muslim community. May 2, 2014 on april 29, 2014, president uhuru kenyatta of kenya signed into law the marriage bill, 2014, a comprehensive law consolidating various laws governing religious, customary, and civil marriages and divorces in the country. Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the act. Sodomy is a felony per section 162 of the kenyan penal code, punishable by 14 years imprisonment, and any sexual practices between males termed gross indecency are a felony under section 165 of the same statute, punishable by 5 years imprisonment. 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. Permanent mission of the republic of kenya to the united nations 866 u.
Indeed until july 1, 1981 when the law of succession act cap. Getting married in kenya state law office and department. May 2, 2014 on april 29, 2014, president uhuru kenyatta of kenya signed into law the marriage bill, 2014, a comprehensive law. These are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices.
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