In Kenya, Late marriage Registration is only applicable in the case of already existing customary marriages that were conducted before 1st August 2017, before the Customary Marriage Rules, 2017, under the Marriage Act was implemented by the Kenya Government that requires all customary marriages to be registered before being conducted/celebrated.

Apply In Person
Step 1: Notification with the Registrar of Marriage or local District / Sub County Commissioner’s Office.

• Parties who were already married prior to the Customary Marriage Rules, 2017 Act are required to register the union with the Office of the Registrar countrywide.
• Both parties have to appear before the Registrar, who conducts an interview to ascertain the legality of the marriage and whether both parties are consenting adults.

Step 2: Display of the notice:

• The Registrar then displays the notice in a conspicuous place within the premises, for a period of fourteen (14) days. This is meant to invite any person with an objection to the proposed registration, to notify the Registrar and provide grounds of objection within that period.

Step 3: Issuance of an Acknowledgement Certificate:

• After the expiry of fourteen (14) days, if no objection has been filed, or where any objections filed have been considered and dealt with by the Registrar, the Registrar issues to the parties an Acknowledgement Certificate in the prescribed form.

Step 4: Application for marriage registration:

• Once the parties have been issued with an Acknowledgement Certificate, they can then apply for registration of the place, the application form is issued at the Registrar’s Office.
• The form includes a declaration that neither of the parties is underage, that they freely consented to the marriage, that none of them was in a subsisting civil, Christian, Hindu or Islamic marriage and that there is no impediment prohibiting the marriage.
• The completed form should be accompanied by all the supporting documentation as listed under the “Required Documents” section of this page and should be submitted to the registrar's office for consideration.
• Applicant will be required to make payment for the requisite fees for registration of an existing customary marriage of Kshs. 3900.
• The Registrar then issues a Certificate of Customary Marriage under the prescribed form, after conducting any further investigations where necessary. Both parties have to make a physical appearance before the Registrar and cannot be represented.

Apply Online

• Online Marriage Services are only applicable to Nairobi County Applicants.

Step 1: Log in to the e-citizen portal

• Go to the Kenyan government citizen services website e-citizen portal and register for an account, or if you already have one, log in and go to the services section and click on “Office of the Attorney General”.
• To register with eCitizen, follow the following steps;
  • Using a browser search the e-citizen portal
  • Fill in your full names as they appear on your national ID or passport Enter your ID number, and Enter your email address and phone number.
  • Activate your eCitizen account by verifying the link sent to your email address.
  • Create a password for your eCitizen account.
  • A confirmation SMS will be sent to your phone confirming the activation of your account.

Step 2: Make an application for Registration of the already existing customary marriages:

• On the next window, select “Registration of Marriage”, under the “System of marriage” drop box select “Customary Marriage” and then select “Existing (Celebrate before 1/08/2017)”, under the “Type of Registration” drop-box then click on the “Next” button.
• The registration form will be displayed, here applicant will be required to provide the following information,
  • County of Registration i.e Nairobi.
  • Venue i.e Registrar’s Office.
  • Applicant’s Personal Details (both Bride Groom and Bride).
• Prepare the required documentation as listed on the site for upload. Please verify all the information and documentation requested are accurate before clicking the “Submit” button.
• After submission of the application, both parties are required to book an appointment on the e-citizen online platform and appear before the Registrar of Marriage for submission of original documents and interview within 7 days.

Step 3: Display of the notice:

• On the appointment date, the Registrar, shall conduct an interview to ascertain the legality of the marriage and whether both parties are consenting adults.
• The Registrar will then display the notice in a conspicuous place within the premises, for a period of fourteen (14) days. This is meant to invite any person with an objection to the proposed registration, to notify the Registrar and provide grounds for objection within that period.

Step 4: Issuance of an Acknowledgement Certificate:

• After the expiry of fourteen (14) days, if no objection has been filed, or where any objections filed have been considered and dealt with by the Registrar.
• Upon approval, the applicants will be required to pay a fee of Kshs 3,900/= on the e-citizen online platform. Payments can be made directly from the website portal (M-PESA) or to the bank. Just follow the instructions given.
• The Registrar then issues a Certificate of Customary Marriage under the prescribed form, after conducting any further investigations where necessary.

Step 5: Download the Certificate of Customary Marriage.

• The applicant will get a notification to their registered email. Log into your eCitizen account to check the status of the application.
• Download this certificate, which is proof that the marriage has been registered.

• Copy of National Identity card or Valid Passport
• Coloured passport-size photo – one each
• At the time of registration, the parties MUST NOT have entered into either a CIVIL or A CHRISTIAN marriage.
• Any other additional documentation as may be requested by the Registrar.

OFFICE OF THE ATTORNEY GENERAL
Sheria House, Harambee Avenue
P.O. Box 40112-00100, Nairobi, Kenya
Tel: 020-2227461 / 0732 529995 / 0700 072929
E-mail: communications@ag.go.ke

DEPARTMENT OF JUSTICE
Co-operative Bank House, Haile Selassie Avenue,
P.O. BOX 56057- 00200, Nairobi, Kenya.
Tel No.  020-2227461 / 0732 529995 / 0700 072929
Email: info@ag.go.ke
Marriages Customer Care/Inquires:
Phone number: 0732529995, 0202227461
Email: marriages@ag.go.ke
Website Link

• Marriages’ celebrated in accordance with the customs of the communities of one or both of the parties to the intended marriage.
• The registration of a customary marriage is only applicable to Kenyans who have undertaken the necessary rituals under the respective African Customary Law.

• Upon approval, the applicants will be required to pay a fee of Kshs. 3,900/=

• Customary Marriage Registration Certificate Valid until one of the spouse’s death or in the event of an absolute divorce.

Please attach documents that can be used by people. e.g. links

Please attach sample completed documents that would help other people.

• Within 14 days from the date of payment of the requisite fees.

Videos explaining the procedure or to fill the applications.
Attach videos using the following tag <&video type='website'>video ID|width|height<&/video&> from external websites.
Please remove the '&' inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver,
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is dkisplayed.
e.g In the following url 'http://www.youtube.com/watch?v=Y0US7oR_t3M' Video ID is 'Y0US7oR_t3M'.

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. Registration of customary marriages in Kenya is governed by the Marriage (Customary Marriage) Rules, 2017, under the Marriage Act.
• These rules were effected by Gazette Notice Number 5345 issued on the 9th of June 2017. The Gazette Notice required that all customary marriages be registered from the 1st of August 2017. There are two sets of customary marriages i.e. existing customary marriages conducted before 1st August 2017 and new customary marriages conducted after 1st August 2017.

• Full Names of both parties
• Dates of birth
• Valid identity proof
• Citizenship
• Address
• Proof of no impendent of marriage
• Type of marriage
• Bridegroom and bride parents/guardian details.
• Declaration of both spouse

The certificate gives you the eligibility to inherit your spouse’s property and also jointly own properties without fear of being denied the right to share the matrimonial property when your spouse dies.

• The certificate enables spouses to have joint health benefits
• The certificate is needed when applying for foreign a visa
• The certificate is needed when applying for a passport a and/ or some other such document, which contains the name of one’s spouse.
• It will be very handy if you have to prove that you are a legally married couple in front of any authority.

Registration of customary marriages conducted before 1st August 2017:

• Parties who were already married prior to the gazette notice are only required to register the marriage and be furnished with a marriage certificate.
• Both parties have to appear before the Registrar, who conducts an interview to ascertain the legality of the marriage and whether both parties are consenting adults.
• An application for registration is made in a prescribed form and is accompanied by a letter of confirmation from the Chief of the area where the marriage ceremony took place.
• The form includes a declaration that neither of the parties is underage, that they freely consented to the marriage, that none of them was in a subsisting civil, Christian, Hindu, or Islamic marriage, and that there is no impediment prohibiting the marriage.
• The requisite fee for the registration of an existing customary marriage is Kshs. 3900.
• The Registrar then issues a Certificate of Customary Marriage under the prescribed form, after conducting any further investigations where necessary.
• Both parties have to make a physical appearance before the Registrar and cannot be represented.

Registration of New customary marriages conducted after 1st August 2017:

• Parties who wish to contract customary marriages after the commencement date are required to notify the Registrar of their status as husband and wife within three (3) months of completion of the relevant customary rites.
• The notification is made in a prescribed form setting out particulars such as the community under whose customary law the marriage was conducted, the date of the marriage, the location at which the customary marriage was conducted, the particulars of the couple’s parents as well their occupation.
• Similarly, parties have to appear before the Registrar in person together with their witnesses who are required to make a declaration.
• The notice is to be accompanied by passport-size photos of the parties and copies of the witnesses’ national identity cards.

Advantages of a marriage certificate

• The certificate is needed for Spouses to file joint taxes and receive tax breaks.
• If you plan on buying a house and need to apply for a mortgage loan, many lenders will ask for a marriage certificate. This is so lenders can check your credit history jointly and separately
• Marriage certificate can also help you migrate with your family to any country without many restrictions.
• If the wife changes her second name and adopts the husband. All her old documents are in her maiden name. The marriage certificate will bind them to her as it will show both her maiden name and the newly adopted name.

Registration of New and Existing Marriages
Process of registration of customary marriages
Getting Married In Kenya

There are different forms of marriages that exist under Customary Law.

• A monogamous marriage is a marriage between one man and one woman;
• Polygamy – whereby a man can celebrate marriage with many women at different times.
• Leviratic Marriages – these arise where the husband predeceases the wife and a relative or brother of the deceased husband assumes the role of the deceased. Any children born out of this union are regarded as children of the deceased. This is common among the Meru Kamba Kikuyu Kuria Kisii and Nandi tribes.
• Sororate Unions – where the wife dies before the husband. Her family may offer her younger sister as a replacement and the younger sister assumes the role of the deceased wife. This may also arise when the family is unable to return the bride price and offer their daughter as a substitute. Sorarate unions also take place where a wife is not able to have children and she may invite her sister to come and get married by the husband for the purpose of getting children this is common among the Luo.
• Widow Inheritance: - this is where the husband predeceases the wife and the wife is inherited by one of the husband’s brothers and for all purposes becomes his wife. It is different from the Leviratic in the sense that any children born out of that union are regarded as children of the brother and not children of the deceased. Luo, Luhya Kalenjin tribes and the Masai.
• Woman to Woman marriages – these arise when a woman is barren and she then marries another woman for the sole purpose of having children and those children become the children of the barren woman who is the husband in the relationship. This marriage can take place whether the husband of the barren woman is alive or dead. If the husband is alive the other woman is allowed to have sexual relations with the husband for the purpose of having children. Any children out of this relationship will be regarded as the children of the barren woman. Where the husband is dead she must select a man from the husband’s family or leave the decision to the woman to select whom she wants to have children with. This is common among the Kisii, Taita and Kuria tribes.
• Forcible Marriages – These arise in a family where there are only daughters and the last daughter is not entitled to get married. She remains at home to beget children especially male children with a man of her choice and these children belong to her father’s family. Nandis and Kipsigis practice this.
• Child Marriages – this is where children are betrothed to each other when they are still young and dowry is paid when they are still young and on reaching the age of maturity the bride is then taken to her husband’s home. This was normally done where prominent families wanted to see their friendship or during times of famine. It was common among the Kisii, Kuria, the Kalenjin tribes the Pokot and the Teso.