Date of publication:

11/03/2025

Kenya

Do domestic laws and policies provide for the recognition and recording of vital personal events of forcibly displaced and stateless persons that occurred outside the country of residence? 

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

When refugees arrive in the country, their details are noted at the point of registration. The details include their date of birth, and marital status. It should be noted that cognizance is taken of the special circumstances of refugees in particular that the circumstances surrounding their flight might lead to the loss of documents such as marriage certificates and birth certificates are lost during flight.  Therefore, any information they give in relation to marital status and births that took place in their country of origin is accepted as prima facie evidence of them having occurred.

The situation of foreigners is different in that they would be required to provide the marriage certificate and any other documents that the registrar considers as sufficient evidence. These documents usually include passports and affidavits certified by a notary public and their embassies attesting to their capacity to contract a marriage.  There are also administrative costs levied. 

It should be noted that for both refugees and foreigners' marriages are considered to be valid only if they are consistent with the laws of Kenya.  

    LAW & POLICY

    Related provisions of domestic law or policy

    Marriage Act

    Legal provision

    Article 4 Minimum age

    A person shall not marry unless that person has attained the age of eighteen years.

    Article 22 Recognition of foreign marriages as Christian marriages in Kenya

    A marriage celebrated outside Kenya otherwise than in accordance with this Part, shall be recognized as a marriage under this Part if— (a) it is contracted in accordance with the law of the country where it is celebrated and is consistent with the requirements of this Part; (b) at the time of the celebration of the marriage, the parties to the marriage had the capacity to marry under the law of the country where the marriage is celebrated; or (c) at the time of the marriage any party to the marriage is domiciled in Kenya, both parties had the capacity to marry under this Act.

    Article 3 Meaning of marriage

    (1) 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; (2) Parties to a marriage have equal rights and obligations at the time of the marriage, during the marriage and at the dissolution of the marriage (3) All marriages registered under this Act have the same legal status (4) Subject to sub-section (2), the parties to an Islamic marriage shall only have the rights granted under Islamic law.

    The Constitution of Kenya

    Legal provision

    Article 45 - Family

    (1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State; (2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties; (3) Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage;(4) Parliament shall enact legislation that recognises— (a) marriages concluded under any tradition, or system of religious, personal or family law; and (b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion, to the extent that any such marriages or systems of law are consistent with this Constitution.