(1) Where a marriage is to be solemnized in Kenya and the parties to the marriage have not notified the Registrar of their intention to marry, the parties shall give notice of intention to marry to the Registrar in the prescribed form.

(2) The notice referred to in subsection (1) shall be in the prescribed form and shall state—

(a) the names of the parties;

(b) the marital status of each party;

(c) the ages of the parties;

(d) the sex of each party;

(e) the occupation of each party;

(f) the place where the marriage is to be solemnized; and

(g) such other particulars as may be prescribed.

(3) Upon receiving a notice under subsection (1), the Registrar shall cause the notice to be published by affixing it in some conspicuous place in their office for a period of twenty-one days.

(4) The Registrar shall, upon the expiry of the twenty-one days referred to in subsection (3), issue a certificate in the prescribed form if satisfied that—

(a) the parties are not within a prohibited marriage relationship;

(b) the intended marriage is not contrary to any written law; and

(c) no caveat has been entered against the issue of the certificate.

(5) A certificate issued under subsection (4) shall be valid for a period of three months from the date of issue.

(1) Any person whose consent to a marriage is required or who may know of any just cause why the intended marriage should not take place may enter a caveat against the issue of a certificate by the Registrar by writing at any time before the issue of the certificate the word 'Forbidden', opposite to the entry of the notice in the marriage notice book, and appending thereto their name and place of abode, and the grounds upon which they claim to forbid the issue of the certificate.

(2) Where a caveat is entered under subsection (1), the Registrar shall not issue the certificate unless the caveat is withdrawn by the person who entered it or by the order of the court.

(3) Where the Registrar refuses to issue a certificate under subsection (2), any of the parties to the intended marriage may apply to the court for an order to remove the caveat.

(4) The court may, upon application under subsection (3), summon the person who entered the caveat to appear and show cause why it should not be removed, and if satisfied that the person has no just cause, may order the caveat to be removed, and thereupon the Registrar shall issue the certificate.

(5) If the court is not satisfied that there is no just cause for the caveat, it shall make an order prohibiting the issue of the certificate.

(6) The court may award compensation and costs to the party injured, if it appears that a caveat was entered on insufficient grounds.

(1) Upon the solemnization of a marriage, the person officiating the marriage shall complete a marriage certificate in the prescribed form.

(2) The marriage certificate referred to in subsection (1) shall—

(a) be signed in duplicate by the person officiating, the parties to the marriage and two witnesses; and

(b) specify—

(i) the names of the parties;

(ii) the date of the marriage;

(iii) the place of the marriage;

(iv) the names of the witnesses; and

(v) such other particulars as may be prescribed.

(3) The person officiating the marriage shall, immediately after the ceremony—

(a) issue one duplicate of the marriage certificate to the parties; and

(b) transmit the other duplicate to the Registrar for filing.

(4) A marriage certificate issued under this section shall be prima facie evidence of the marriage in all courts and places.

(1) A marriage celebrated outside Kenya otherwise than under this Act, shall be recognized as a valid marriage if—

(a) it was celebrated in accordance with the law of the country where the marriage was celebrated;

(b) at the time of the marriage—

(i) each party had capacity to marry under the law of the country where the marriage was celebrated; and

(ii) each party had capacity to marry under Kenyan law.

(2) Notwithstanding subsection (1), a marriage shall not be recognized as valid if—

(a) at the time of the marriage, either party was married to another person;

(b) the parties are within the prohibited marriage relationship;

(c) either party is below the minimum age for marriage;

(1) A person shall not marry—
(a) their grandparent, parent, child, grandchild, sibling, or half-sibling;
(b) a person with whom they share a direct bloodline ancestor; or
(c) a person with whom they share an adoptive relationship in a manner similar to the prohibited bloodline relationships.

(2) A marriage celebrated in contravention of subsection (1) is void.

(1) A person shall not marry unless that person has attained the age of eighteen years.
(2) A marriage contracted by a person below the age of eighteen years is void.

(1) A marriage contracted under customary law shall be registered under this Act.
(2) The parties to a marriage contracted under customary law shall within six months of the marriage appear before the Registrar and register the marriage.
(3) The Registrar shall, upon receipt of the information required under subsection (2), issue a certificate of marriage in the prescribed form.
(4) A marriage that is not registered under this section shall not be deemed invalid, but parties are encouraged to register the marriage for purposes of legal proof.

Marriage is the voluntary union of a man and a
woman whether in a monogamous or polygamous union
and registered in accordance with this Act.