Why a Spouse May Face Arrest For Wedding Disruption

In an explainer on Court Helicopter News, Lawyer Danstan Omari cautions that storming into a wedding ceremony to disrupt proceedings, often witnessed when an ex-spouse confronts a couple during the ceremony, is not only unlawful but also punishable under Kenyan law.

Speaking in his legal explainer on the Marriage Act 2014, Omari stated that while individuals with valid reasons have a right to object to a marriage, such objections must follow a clear legal process.

The law recognizes five types of marriages in Kenya, including Christian, Muslim, Hindu, civil, and customary, all of which require public notices to be posted before the ceremony.

Omari explains the Legal procedures for the Spouse Objection

According to Omari, in the case of civil and church weddings, a 21-day notice must be issued by the registrar of marriages or the presiding minister of the church.

During this notice period, anyone with concerns may file a written objection, clearly stating their identity, their interest in the marriage, and the grounds for the objection.

“Somebody must prove that he or she got that information early enough and make the complaint in writing. Disrupting a wedding by walking in and shouting is unlawful,” Omari said.

The law stipulates that such objections must be heard within seven days, according to lawyer Omari. 

If the registrar, priest, or other authorised officer rules against the objection, the aggrieved party still has 14 days to appeal in court.

During this period, marriage cannot proceed until the matter is determined.

Legally recognised grounds that may stop a wedding

Omari further outlined the legally recognised grounds that a spouse may stop a wedding.

These include cases where one of the parties is already in a valid monogamous marriage, one or both parties are under 18, the parties are closely related by blood, or where there is evidence of coercion or lack of mental capacity to consent.

“Walking into a wedding to cause drama by claiming to be a spouse is not only disruptive but also attracts criminal and civil penalties. The law provides a dignified process for anyone with objections,” he emphasised.

The lawyer noted that weddings are solemn occasions that involve significant financial investment, family and community support, and hold considerable emotional value.

Why Disruption Is Crime?

Unlawful disruptions, he warned, damage reputations and cause unnecessary trauma. Individuals who bypass the legal process risk facing charges ranging from public disturbance to defamation, depending on the circumstances.

Omari added that penalties for unlawful disruptions are ‘serious’ and can include both civil damages and criminal prosecution.

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He concluded by urging individuals to use the legal mechanisms provided under the Marriage Act instead of resorting to public confrontations that often escalate into violence and humiliation.

Determination of Objection and Charges

Under Section 29 of Kenya’s Marriage Act (Cap 150), the law provides a clear framework for spouses to handle objections to a marriage.

When an objection is raised, typically after a notice of intention to marry, the Registrar is required to act swiftly.

The objection must be heard within seven days of its receipt, and a decision must be made within seven days after the hearing.

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If any party or spouse is dissatisfied with the Registrar’s decision, they have the right to appeal to a court within seven days of that decision.

This ensures that objections are not only addressed promptly but also fairly, with an avenue for further review.

Importantly, the law takes a firm stance against misuse of the objection process. Anyone who raises an objection that is deemed frivolous, malicious, or fraudulent commits an offence.

Upon conviction, such a person or the accused spouse may face a fine of up to Ksh 1 million, imprisonment for up to five years, or both. 

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