The Attorney General of Kenya has directed all licensed ministers of faith and gazetted Registrars of Marriage to submit all marriage certificates.
According to a notice from the office of the Attorney General and department of justice issued on September 3, the certificates should be taken to the Registrar of Marriages office in Nairobi.
Further, the notice explained that the certificates are of all the marriages conducted and ought to be submitted within the following 30 days.
“IT IS notified to the Public that in compliance with Section 53,54,55,56 and 57 of the Marriage Act, Cap 150, all gazetted Registrars of Marriage/Licensed Ministers of Faith are required to:
“Submit to the Registrar of Marriages office, Nairobi ALL marriage certificates for the marriages already conducted and in their custody within Thirty (30) days from the date hereof,” the statement read in part.
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Attorney General Issues Further Instructions on Marriage Certificates
At the same time, the AG directed the gazetted Registrars of Marriage and licensed ministers of faith to scan and upload the certificates and the certificates of the registrars.
Also, they are required to upload special licenses for all marriages set to be conducted from September 1, 2024.
The scanned copies ought to be submitted via email at marriage.returns@ag.go.ke,
“Scan and upload marriage certificates and Registrar’s certificates or special license as the case maybe for all marriages to be conducted from 1ª September 2024. The same to be submitted to marriage.returns@ag.go.ke.”
On the other hand, the marriage officiators are also required to deliver the original marriage certificates to the Registrar of Marriages, Nairobi within 14 days of the celebration of the marriage.
“Deliver the original marriage certificates to the Registrar of Marriages, Nairobi within Fourteen (14) days of the celebration of the marriage. For further enquires and/or clarifications kindly reach the Registrar of Marriages office through Tel: 020-2227461 / 0732529995 /0700072929 E-mail: communications@ag.go.ke marriages@ag.go.ke.”
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Customary Marriages Being Annulled
Earlier in May 2024, Principal Magistrate C.N. Ondieki in a ruling stated that couples united in customary weddings but not registered under Kenyan law risked being annulled at the request of one partner.
The court ruling that has made it mandatory for such marriages to be registered.
Instead, the magistrate noted that such a marriage can only be annulled without other ramifications including splitting of property.
He quoted a clause of the Marriage Act of 2014 which defines marriage as “the voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in”.
In the case filed before the Machakos Magistrate Court, the petitioner- a woman from the Kamba community, wanted her marriage with her husband dissolved on grounds that her partner was abusive, among others.
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