Family
The Marriage Act 2014, recognising five forms of marriage
The Marriage Act 2014 consolidated marriage law and recognises Christian, civil, customary, Hindu and Islamic marriage, with polygamy available in customary and Islamic forms only. The Matrimonial Property Act 2013 governs division, and the Court of Appeal has held that non-monetary contribution counts.
Key rules
- Jurisdiction — The Family Division of the High Court and magistrates' courts hear matrimonial matters; Kadhis' courts determine Muslim personal status where both parties are Muslim.
- Deadline — Marriage notice: 21 days before a civil marriage
- Deadline — Minimum age: 18 for all forms, without exception
- Deadline — Divorce: available on statutory grounds; separation of two years supports irretrievable breakdown
Governing law
- Marriage Act, 2014No. 4 of 2014
- Matrimonial Property Act, 2013No. 49 of 2013
- Children Act, 2022No. 29 of 2022
In practice
The 2014 Act's achievement was to bring five marriage traditions under one statute while preserving their distinct rules — most importantly, that polygamy is lawful in customary and Islamic marriage but converting a monogamous marriage to a polygamous one is not. Kadhis' courts are constitutionally entrenched under article 170 with jurisdiction limited to Muslim personal status where all parties consent, which is a narrower jurisdiction than is often assumed.