Your customary marriage will set you back Sh2,600 under new law

Attorney-General Githu Muigai. FILE PHOTO | NMG

Marriage is set to become an expensive affair in Kenya after the State Law Office directed couples living under customary laws to register their unions.

It costs Sh600 to inform the registrar of the union and another Sh2,000 to register the marriage according to the rates revised by Attorney-General Githu Muigai two years ago.

Kenyans abroad will pay Sh10,000 for unions registered at the country’s embassies while conducting a search for a marriage certificate will now cost Sh500 up from Sh200.

At the moment, people married under customary law do not have to pay fees to the State as the law automatically recognises their union once all the rituals are completed.

Under the Marriage Act 2014, the couples married under the native laws must both notify the Registrar of Marriages within three months of completing the traditional rituals and present themselves for registration within six months.

The law that President Uhuru Kenyatta okayed in February 2014 provides for the registration of customary unions after a marital pact.

In a legal notice published on Friday, Prof Muigai asked the couples married according to community customs before enactment of the Marriage Act 2014 to register their unions at the start of August.

“The operative date (of the Marriage Act 2014) has been fixed for 1st of August, 2017. All parties married under African customary law are required to register their marriage,” Prof Muigai said.

For new marriages, couples should issue a notice to the registrar within three months of completion of traditional marriage ceremonies and apply to the Registrar of Marriages within six months of their union for a certificate.

Failure to register a customary marriage renders the union invalid. “After the operative date, any unregistered union will not be regarded as marriage even after completing the traditions such as paying bride price,” said the State Law Office.

Prof Muigai said parties who wish to contract customary marriage after August 1 must obtain prior authorisation from the Office of the Registrar of Marriages.

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