The Marriage (Customary Marriage) Rules

Legal Notice 46 of 2017

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The Marriage (Customary Marriage) Rules
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LAWS OF KENYA

MARRIAGE ACT

THE MARRIAGE (CUSTOMARY MARRIAGE) RULES

LEGAL NOTICE 46 OF 2017

  • Published in Kenya Gazette Vol. CXIX—No. 44 on 7 April 2017
  • Commenced on 7 April 2017
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Rules may be cited as the Marriage (Customary Marriage) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"Act" means the Marriage Act (Cap. 150);"customary marriage" means a marriage contracted in accordance with the customs of the communities of one or both of the parties to the marriage;"Register" means the Register of Customary Marriage referred to in rule 6;"Registrar" has the meaning assigned to it under the Act.

3. Notice and Registrar's acknowledgemt of customary marriage

(1)The parties to a customary marriage shall after the completion of the customary rites conferring upon them the status of husband and wife, notify the Registrar as required under section 44 of the Act by notice in Form CM 1 set out in the First Schedule.
(2)The Registrar shall display the notice provided under subrule (1) in a conspicuous place within the premises, for a period of fourteen days, inviting any person with an objection to the proposed registration to notify the Registrar with the grounds of objection within that period.
(3)After the expiry of the period specified under subrule (1) without any objection filed, or where any objections filed have been considered and dealt with by the Registrar, the Registrar shall issue to the parties an Acknowledgement Certificate in form CM 2 set out in the First Schedule.

4. Application for registration of a customary marriage

(1)The parties shall upon receipt of the Certificate referred to in rule 3 apply for registration of the marriage in accordance with section 55(1) of the Act.
(2)An application for registration under subrule (1) shall be in Form CM 3 set out in the First Schedule and shall be accompanied by a copy of the Certificate of Acknowledgement issued under rule 3(3).

5. Issuance of Certificate of Customary Marriage

(1)The Registrar shall consider the application made under rule 4 and may after conducting further investigations where appropriate issue a Certificate of Customary Marriage.
(2)The certificate of customary marriage issued under subrule (1) shall be in Form CM4 set out in the First Schedule.

6. Customary Marriage Register

(1)The Registrar shall establish and maintain a Register of Customary Marriages in which shall be entered the details of all customary marriages registered under these rules.
(2)The Register of Customary Marriage shall be in Form CM5 set out in the First Schedule.

7. Issuance of a certified copy of an entry of a customary marriage

(1)A person who wishes to obtain a certified copy of an entry of a customary marriage in the Register shall submit an application in Form CM 6 set out in the First Schedule to the Registrar.
(2)The Registrar shall, upon receipt of the requisite fee, issue to the applicant a certified copy of the entry as requested which shall be in Form CM 7 set out in the First Schedule.

8. Registration of customary marriages existing before commencement of the Marriage Act (Cap. 150)

(1)The parties to a marriage contracted under customary law before the commencement of the Act shall apply to the Registrar for registration of that marriage pursuant to section 96(2) of the Act.
(2)An application for registration under subrule (1) shall be in Form CM 8 set out in the First Schedule and shall be accompanied by a letter of confirmation from the Chief of the area where the marriage ceremony took place.
(3)The Registrar shall, upon being satisfied that the information supplied under subrule (1) and (2) is true, issue a certificate of customary marriage in Form CM 4 set out in the First Schedule in respect of the marriage.

9. Fees

The fees set out in the first column of the Second Schedule shall be payable in respect of the items respectively set out in the second column.

FIRST SCHEDULE

FORMS

REPUBLIC OF KENYA
MARRIAGE ACT (Cap. 150)
FORM CM 1(r. 3(1))
NOTICE OF CUSTOMARY MARRIAGE
To the Registrar of Marriages for the ..................................................... County of Kenya.We the undersigned hereby give notice of our completion of the relevant marriage ceremonies and rites under ............................. customary law completed on the day of ................. 20 ........... at ......................... sub-county ........................ county. We undertake to register our customary marriage within six months from the date of this notice.
PART 1: PARTIES' DETAILS
NameMarital status at time of marriageOccupationAgeResidence and AddressContacts
Husband     
Wife     
 
 
 
PART 2: PARENTS' DETAILS
Husband's Parents
NameOccupationResidence & Address
Father   
Mother   
Wife's Parents
NameOccupationResidence & Address
Father   
Mother   
PART 2 - PARTIES' DECLARATION
1.That our customary marriage was contracted in accordance with the ....................... Customary law and we hereby declare that the customary rites necessary to confer upon us the status of husband and wife have been completed.
2.That we were above eighteen years of age at the time of marriage.
3.That our marriage ceremonies were witnessed by the witnesses listed at Part 3 below.
4.That neither of us was a partner in a Civil, Christian, Hindu or Islamic marriage when we contracted the aforesaid customary marriage.
5.That we both freely consented to our marriage and subsequent registration.
6.That there is no impediment caused by relationship consanguinity or affinity and we know of no other legal or customary impediment to our marriage.
7.That prior to the date of this marriage ................................... (Husband) was in an existing customary marriage as follows:-
S/No.Date of marriageName of spouseSystem of Marriage
1.   
2.   
3.   
4.   
Husband's signature.........................Wife's signature ......................
Date..........................Date..........................
PART 3 - WITNESS DECLARATION
We hereby declare that on the .............. day of ....................... 20 ............. we witnessed and played key cultural roles in the celebration of this marriage.We wish to confirm that the information provided by the parties above is to the best of our knowledge and belief true and correct.Name: ............................................. ID No. .......................... Age: .............Signature .......................................Name: ............................................. ID No. .......................... Age: .............Signature .......................................
 
   
   
Notes
1. Any person, who supplies false information to a Registrar or uses, gives or sends any certificate, document or declaration required for this marriage notice which is false or forged in any way is liable to prosecution.
2. Marital status can either be bachelor, spinster, widow, and widower, divorced or married under customary law.
3. Witnesses shall provide copies of their identity cards.
REPUBLIC OF KENYA
MARRIAGE ACT (Cap. 150)

_____________________________________

FORM CM 2(r. 3(3))
ACKNOWLEDGEMENT CERTIFICATE
I, ............................................................................................................, Registrar of Marriages for ................................................. County do hereby confirm that an application for registration of the customary marriage between the parties below has been received:
Parties to the MarriageStatusOccupationAgeResidence & Address
Husband    
Wife    
Witnessed under my hand this ............................. day of ............................... 20........
 Registrar of Marriages.
NOTE — This certificate shall be void unless the marriage registration and issuance of a marriage certificate is done on or before ..................................................
This document is not a customary marriage certificate. The certificate shall be issued at the registration of the customary marriage.

__________________________________________

REPUBLIC OF KENYA
MARRIAGE ACT (Cap. 150)
FORM CM 3(r. 4(2))
APPLICATION FOR REGISTRATION OF CUSTOMARY MARRIAGE
(To be filed after 14 days from the date of Notice)
We ............................................... and ...................................................
of P. O. Box ......................................................... make oath and state as follows -
1. That on the ............... day of .................. 20 ........, at ....................... sub-county .................... county the relevant customary rites to confer upon us the status of husband and wife were completed under the .................................. customary law.
2. That at the time of the marriage ................................................ (husband) was a ....................................... and the said ....................................... (wife) was a ............................................. (Indicate name of party and status)
3. That neither of us is under the age of eighteen years.
4. That we both freely consented to our marriage and subsequent registration.
5. That none of us was a partner in a Civil, Christian, Hindu or Islamic marriage when we contracted the aforesaid customary marriage.
6. we declare that there is no impediment caused by relationship, consanguinity or affinity, and we know of no other legal or customary impediment to our marriage.
Sworn at .................................. this ................... day of ............................, 20 .................
Before me .............................Registrar___________________________(Signature of Husband)___________________________(Signature of Wife)

_______________________________

REPUBLIC OF KENYA
MARRIAGE ACT (Cap. 150)
 
FORM CM 4(rr. 5(2), r. 8(3))
 
CERTIFICATE OF CUSTOMARY MARRIAGE
Marriage solemnised under.......................... customary law in the............................. Sub county...................County
Date of marriageRegistration Entry No:
Husband's NameAge.Marital status.
  
Residence at time of marriageCounty.Sub-county.
Occupation.
Parents Names
Father's name.Mother's name.
Occupation.Residence.OccupationResidence.
Wife's nameAge.Marital status.
  
Residence at time of marriageCounty.Sub-county.
Occupation.
Parents Names
Father's name.Mother's name.
Occupation.Occupation
Residence.Residence.
Note: A customary marriage is polygamous or potentially polygamous.

_______________________________

REPUBLIC OF KENYA
MARRIAGE ACT (Cap. 150)
 (r. 6(2))
REGISTER OF CUSTOMARY MARRIAGES
Marriage solemnised under.......................... customary law in the............................. Sub county...................County in the Republic of Kenya.
Date of Registration marriageMarriage register entry no:
Husband's name:Age.Marital condition:
Residence at time of marriageCounty.Sub-county.
Occupation: 
Husband's father's name:Occupation:Residence:
Husband's mother's name:Occupation:Residence:
Wife's name:Age:Marital condition:
Occupation: 
Wife's father's name:Occupation:Residence:
Wife's mother's name:Occupation:Residence:
Entered this ...............day of ........................20...........at the CountyRegistry of Marriage at ...................................
 .................................................................................
 REGISTRAR

_______________________________

REPUBLIC OF KENYA
MARRIAGE ACT (Cap. 150)
APPLICATION FOR CERTIFIED COPY OF ENTRY IN REGISTER OF CUSTOMARY MARRIAGE
FORM CM 6(r. 7(2))
 
Application for a Certified Copy
(Please complete this form in BLOCK LETTERS)
APPLICATION(tick as appropriate)Certified copy of certificate of marriage 
Certified copy of entry in register 
Details of ApplicantName: 
Phone No: 
Address: 
Full Name of Husband 
Full Name of Wife 
Date of Registration: 
Place of Registration: 
REGISTERED BY:(Registrar) 
Name and Address of Registry Office 
Entry Number Of CERTIFICATE OR REGISTER 
Other Particulars Which Would Help To Trace The Entry 
Comments 

_______________________________

  
  
  
  
REPUBLIC OF KENYA
MARRIAGE ACT (Cap. 150)
FORM CM 7(r. 7(2))
CERTIFIED COPY OF ENTRY IN REGISTER OF CUSTOMARY MARRIAGES
Marriage solemnised under.......................... customary law in the............................. Sub county...................County in the Republic of Kenya.
Date of Registration marriageMarriage register entry no:
Husband's name:Age.Marital condition:
Residence at time of marriageCounty.Sub-county.
Occupation: 
Husband's father's name:Occupation:Residence:
Husband's mother's name:Occupation:Residence:
Wife's name:Age:Marital condition:
Occupation: 
Wife's father's name:Occupation:Residence:
Wife's mother's name:Occupation:Residence:
Certified to be a true copy of an entry of marriage in the Marriage Register.Given under the seal of the Registrar on the ................................day of ......................... 20 ................NOTES -Any person who (1) falsifies any of the particulars of the certificate, or (2) usesa falsified certificate as true copy knowing it to be false, is liable to prosecution.Typedby. .........................................Checked by ......................................

_______________________________

 
REPUBLIC OF KENYA
MARRIAGE ACT (Cap. 150)
FORM CM 8(r. 8(2))
APPLICATION FOR REGISTRATION OF CUSTOMARY MARRIAGE CONTRACTED BEFORE THE ENACTMENT OF THE MARRIAGE ACT (Cap. 150)
To the Registrar of Marriages for the ............................................ County of Kenya
A. PARTICULARS OF HUSBAND
Name 
Age 
Marital status 
Occupation 
Father's name 
Mothers name 
Existing/previous spouses 
B. DECLARATION BY HUSBANDI, the undersigned, hereby declare that:
(1) I freely consented to the customary marriage between myself and the woman whose particulars are set out hereunder.
(2) The marriage was contracted in accordance with the laws and customs of the .................................... community.
(3) I was not a partner in any Civil, Christian, Hindu or Islamic marriage when I contracted the aforesaid customary marriage.
(4) At the time of the aforesaid customary marriage I was married under customary law to the following namely:
S/No.Date of marriageName of spouseSystem of Marriage
1.   
2.   
3.   
4.   
C. DECLARATION BY WIFEI, the undersigned, hereby declare that:
(1) I freely consented to the customary marriage between myself and the man whose particulars are set above.
(2) The marriage was contracted in accordance with the laws and customs of the .............................................. community.
C. DECLARATION BY WITNESSES
We, the undersigned, hereby declare that-
(a) we were present at the above marriage ceremony.
(b) the information provided by the parties is to the best of our knowledge and belief true and correct.
(c) the marriage was legally contracted in accordance with the laws and customs of the ...................................... community.
HUSBAND'S WITNESS:Name: ....................................... ID No. ....................... Sign: ....................
WIFE'S WITNESSName: ....................................... ID No. ....................... Sign: ...................
* Witness should provide copies of their identity cards.

SECOND SCHEDULE [r. 9]

FEES

S/No.itemKSh.
1.Issuance of notice of customary marriage form600
2.Issuance of an Acknowledgement Certificate600
3.Commissioning of an application for registration of a customary marriage form200
4.Registration and issuance of a customary marriage certificate2500
5.Issuance of a search form for a customary marriage500
6.Issuance of a certified copy of an entry of a customary marriage600
7.Registration of customary marriage contracted before 20th May, 20143,900
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History of this document

31 December 2022 this version