Marriage and divorce

Marriage 

Getting married in Kenya 

In Kenya, marriage is governed by the Marriage Act, 2014 and is defined as the voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with the Act. 

Kinds of marriages 

(1) A marriage may be registered under this Act if it is celebrated 

  • in accordance with the rites of a Christian denomination; 
  • as a civil marriage; 
  • in accordance with the customary rites relating to any of the communities in Kenya; 
  • in accordance with the Hindu rites and ceremonies; and 
  • in accordance with Islamic law. 

(2) A Christian, Hindu or civil marriage is monogamous. 

(3) A marriage celebrated under customary law or Islamic law can be polygamous. 

Legal age of marriage in Kenya 

The legal age of marriage in Kenya is 18 years for both men and women. 

Legal sanctions for under-age marriage 

Any person who marries a person who is below the minimum age commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years or a fine not exceeding one million shillings, or both. 

Other conditions for marriage 

Different kinds of marriages have various requirements. We encourage you to familiarize yourself with the Marriage Act and to seek further information as needed, either from UNHCR or the Government of Kenya’s Marriage Registrar closest to you.  

You may also contact your local Kadhi or church leader. UNHCR and partners are available to provide guidance and contacts. 

Documents required in order to marry 

Different kinds of marriages have various requirements. We encourage you to familiarize yourself with the Marriage Act depending on the kind of marriage you plan to have. 

Divorce 

Getting divorced in Kenya 

Divorce is governed by the Marriage Act, 2014 and is catered for under different sections of the Act. You may also also contact your religious leaders for further information. 

Procedures for divorce 

Dissolution of marriage varies according to the kind of marriage, whether Christian, civil, customary, Hindu or Islamic. 

Procedures for custody 

Matters concerning custody are governed by sections 81, 82 and 83 of the Children Act, 2001


See also

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