Attorney General Dorcas Oduor has moved to address compliance among pastors and Imams who officiate marriages.
In a notice published in the MyGov Newspaper, the AG’s office instructed these religious leaders to submit all marriage certificates from previously conducted ceremonies to the Registrar of Marriages.
Furthermore, Oduor mandated that pastors and Imams scan and upload marriage certificates or special licenses for any marriages celebrated from September 1, 2024, to the official website of the Registrar of Marriages ([email protected]).
Starting September 1, 2024, pastors will also need to deliver the original marriage certificates to the Registrar of Marriages in Nairobi within 14 days of the marriage ceremony.
“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: [email protected] [email protected].”
This new requirement adheres to Sections 53 to 57 of the Marriage Act, which stipulate that anyone officiating a marriage must forward a copy of the marriage certificate for registration.
The Act states, “Where a marriage is celebrated under Part III of this Act, the person officiating at the marriage shall forward a copy of the certificate of marriage to the Registrar within fourteen days of the celebration of the marriage for the registration of that marriage.”
This policy applies to all types of marriages, including Christian, Islamic, civil, Hindu, and customary unions, as the AG seeks to enhance accountability and streamline marriage registration in the country.
In May 2024, Principal Magistrate C.N. Ondieki ruled that couples united in customary weddings but not registered under Kenyan law risk annulment at the request of one partner. The court ruling mandates the registration of such marriages.
The magistrate emphasized that a marriage can only be annulled without additional ramifications, such as the splitting of property. He cited a clause from 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.”