Lesbian, gay, bisexual, and transgender lgbt persons in kenya face legal challenges not. The law on matrimonial property at the time, the english married women. Indeed until july 1, 1981 when the law of succession act cap. Marriage act 4 years ago admin laws and acts governing the system. Parties to a marriage have equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage. An act of parliament to provide for the rights and responsibilities of spouses in relation to matrimonial property and for connected purposes part i preliminary 1. This act may be cited as the matrimonial property act, 20. Act shall, in the first instance, be a decree nisi.
Marriage act, cap 150 laws of kenya the marriage act. Marriage data in south africa civil marriages are administered through the marriage act, 1961 act no. Laws of kenya the marriage act chapter 150 revised edition 2008 1984 published by the national council for law. Lesbian, gay, bisexual, and transgender lgbt persons in kenya face legal challenges not experienced by nonlgbt residents.
Short title and commencement this act may be cited as the children act, 2001 and shall come into operation on such date as the minister may, by notice in the gazette, appoint and different dates may be appointed for different provisions. Apply through the hindu council of kenya to the registrar of marriages for a licence to solemnize hindu marriages. An act of parliament to provide for the rights and responsibilities of spouses. Issuance of certificates of no impediment to marry for kenyan nationals. The law of inheritance in kenya is governed by the law of succession act,chapter 160 laws of kenya. Act, 2012, and shall come into operation upon the expiry of fourteen days from. After independence kenya adopted laws from britain.
This act may be cited as the as the kenya citizenship and immigration act, 2011. The marriage law had the intention of bringing together the various existing laws existing in the country into one coherent legal document. In kenya, marriages are solemnized under different customs and statutes. Short title this act may be cited as the as the kenya citizenship and immigration act, 2011.
There are 5 types of marriages that are recognized under the constitution, but most importantly, parties to. Civil, christian, customary, hindu and islamic marriages. Customary marriages are governed by the recognition of customary marriages act, 1998 act no. Registration of customary marriages in kenya is governed by the marriage customary marriage rules, 2017, under the marriage act. Guidance on celebration of civil marriages at kenyan high commissions and consulates outside kenya. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. The registration of births and deaths amendment bill, 2012 a bill further to amend the registration of births and deaths act, 1969. Laws of kenya income tax act chapter 470 revised edition 2018 2012 published by the national council for law reporting with the authority of the attorneygeneral. Interpretation in this act, unless the context otherwise requires. Getting married in kenya state law office and department of.
The law replaces various other laws which have been at the moment repealed they include. Call to action we must do away with child marriage. The constitution of kenya 2010 prohibits the discrimination of people on the basis of gender. The kenyan marriage act 2014, will it survive the courts. Published by the national council for law reporting with the authority of the. Signature of notice by person unable to write or to understand english. Kenya into marriage districts, for the purposes of this act, and may, by like order, alter districts either by alteration of boundaries or by union or subdivision of districts, or by the formation of new districts. The following documents are required to register any of the mentioned marriages. Hindu marriage and divorce act as last amended 1962. To improve the reporting of cases of child abuse, plan international kenya has formed a partnership with the kilifi county director of childrens services to launch a mobile application dubbed vurugumapper. The provisions on criminal penalties only include penalties for acts involving adults, as all nations penalize sexual acts, whether homosexual or heterosexual, involving children. Export as pdf customer support software by instantkb 20152. Getting married in kenya state law office and department. Article 2 of the fgm act 2011 clearly defines fgm as zall procedures involving partial or total removal of the female genitalia or other injury to the female genital organs, or any harmful.
Girls who end up as brides at a tender age are coerced into having children while they are children themselves. Signature of notice by person unable to write or to. This version applied as from 28 february 1964 to 26 march 1968, i. Board means the kenya citizens and foreign nationals management service board established under. Though it might be shown to benefit some individuals in some. Marriage act 1904 ch 251 chapter 251 the marriage act. Laws of kenya marriage act chapter 150 revised edition 2012 1962 published by the national council for law reporting with the authority of the attorneygeneral.
Every adult has the right to marry a person of the opposite sex, based on the. Nkosazana dlaminizuma, chairperson, auc at the international conference on family planning, addis ababa, november 20 african union. An act of parliament to provide for matters relating to citizenship. Celebration of civil marriages at kenyan high commissions and consulates outside kenya. Page 1 of 18 28 february 1964 26 march 1968 this version applied as from 28 february 1964 to 26 march 1968, i. In the traditional setting people practiced customary law which encouraged polygamy and generally discouraged the owning property by women. Be it enacted by parliament in the sixtyfourth y ear of the republic of india as follows.
Interpretation 1 in this act, unless the context otherwise requires. The following chart summarizes the treatment of homosexuality in the laws of fortynine african nations. It is a federal act and criminalises all forms of fgm, regardless of the age or status of a girl or woman. President uhuru kenyatta signs kenya polygamy law bbc news. Short title this act may be cited as the sexual offences. Once married, kenyan women are at the mercy of a legal system that does. Kenyas president uhuru kenyatta has signed into law a controversial marriage bill legalising polygamy. Divorce causes irreparable harm to all involved, but most especially to the children. Employment act, of 2007 prohibits discrimination and harassment of employees. The marriage act, 2014 recognizes five 5 systems of marriage, namely. Guidance on all marriages solemnized under the marriage act 4 of 2014. Defines marriage as the voluntary union of a man and a woman whether monogamous or polygamous and registered in accordance with the act.
The marriage laws amendment bill, 20 as passed by the rajya sabha a bill further to amend the hindu marriage act, 1955 and the special marriage act, 1954. Civil marriages these are conducted in the registrar of marriages, deputy county commissioners or assistant county commissioners offices. Registration of customary 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. For more pls visit here on 28th april 2014 president kenyatta signed the marriage bill into law. Laws on homosexuality in african nations the library of. 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. Kenya into marriage districts, for the purposes of this act, and may, by like order, alter districts either by alteration of boundaries or by union or. Fagan and aaron churchill january 11, 2012 introduction each year, over a million american children suffer the divorce of their parents. Guidance for persons wishing to have their marriages solemnized under other marriage regimes available under the marriage act 4 of 2014 namely islamic, hindu and customary marriages. Comprehensive marriage law enacted global legal monitor.
Cessation of application of married women property act. Get marriage certificates, gazettes ag githu muigai. Revised edition 2010 2007 published by the national council for law reporting with the authority of the attorney general. The law on matrimonial property at the time, the english married womens property act of 1882, encouraged a womans submission to her husband.
Laws of kenya the marriage act chapter 150 revised edition 2008 1984. Historically, marriage had the specific purpose of perpetuating ones lineage, and in the process bestowing social status on men. Nothing in this act shall authorise the making of any decree of dissolution of marriage unless the petitioner is domiciled in uganda at the time when the petition is presented. Research synthesis the effects of divorce on children. Apr 29, 2014 kenya s president uhuru kenyatta has signed into law a controversial marriage bill legalising polygamy. The prohibition of female genital mutilation act, 2011 fgm act 2011,3 which came into effect on 4 october 2011, is the principal legislation governing fgm in kenya. Under the land registration act, marriage includes a civil, customary or religious marriage.
It brings civil law, where a man was only allowed one wife, into line with customary law. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Any personal property acquired by the wife during the marriage went automatically. Constitution is void to the extent of the inconsistency, and any act or omission in. 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. In 2014, kenya signed a joint statement at the human rights council calling for a resolution on child marriage. View notes marriage act, cap 150 from law g34 at university of nairobi. Pdf the new land laws and impact of the rights of women and. Short title this act may be cited as the matrimonial property act, 20. In a may 2012 submission to the united nations human rights committee, the. An act of parliament to make provision about sexual offences, their definition, prevention and the protection of all persons from harm from unlawful sexual acts, and for connected purposes act no.
Sex acts between men are illegal under kenyan statutes and carry a. Be it enacted by parliament in the sixtythird year of the republic of india as follows. Matrimonial property act, 20, and the marriage act, 2014, recently replaced. Unfortunately for most poor, rural girls, early pregnancy marks the end of their education, as they are forced into marriage. Recognition of foreign marriages as civil marriages in kenya. In kenya the institutions of marriage and succession are closely intertwined. The marriage act of 2012 revised is the main codified law that governs. Marriage bill, 20 kenya law reform commission klrc.
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