Kenyan citizens who marry abroad can now have their foreign marriages legally recognized in Kenya, in accordance with Section 58 of the Marriage Act, 2014.
The law allows the Registrar of Marriages to register marriages conducted outside the country, provided they comply with Kenyan legal requirements.
Section 58 of the Marriage Act states: “A Kenyan who celebrates a marriage outside Kenya may apply to the Registrar to have that marriage registered, and the Registrar may register such a marriage only when the Registrar is satisfied that the marriage complies with the provisions of this Act.”
In practice, this means that a marriage legally solemnized in another country, provided it is not contrary to Kenyan public policy, can be recognized under Kenyan law.
Why Register a Foreign Marriage
Registering your marriage in Kenya ensures full legal recognition and protects your rights as a spouse. Key benefits include:
- Legal status for succession and inheritance matters
- Recognition for property ownership and land transactions
- Eligibility for spousal or dependent permits
- Proof of marital status in divorce, separation, or custody cases
- Simplified recognition for Kenyans returning from the diaspora
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Who Can Apply?
The registration process is open to:
Kenyan citizens married abroad
Kenyans married to foreigners overseas
Anyone seeking legal recognition of a foreign marriage in Kenya
Requirements for Registration
Applicants must have the following ready before filling out the online application form at eCitizen:
- A completed application form
- Original foreign marriage certificate and a certified copy
- Certified translation of the marriage certificate if it is not in English
- Valid passports of both spouses
- Passport-sized photos
- Affidavit verifying the authenticity of the marriage
- Proof of Kenyan citizenship for at least one spouse
- Payment of Ksh1,000 upon approval
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The Registrar may request additional documents depending on the marriage’s country of origin.
Where to Submit Your Application
Applications can be submitted at the Office of the Registrar of Marriages in the Attorney General’s Chambers in Nairobi or at designated Huduma Centres offering civil registration services.
By registering a foreign marriage, Kenyans ensure their marital status is legally recognized at home, safeguarding their rights and making official processes smoother.
Importance of a Marriage Certificate
A marriage certificate is an official legal proof of a couple’s union.
In Kenya, as in many countries, it serves as the recognized document confirming that a marriage has been solemnized in accordance with the law.
This legal recognition is crucial for ensuring that both spouses enjoy the rights and responsibilities that come with marriage, including inheritance, joint property ownership, and spousal benefits.
Without it, proving the legitimacy of the marriage in legal or administrative matters can become complicated.
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