Family
The Law of Marriage Act 1971, an early unifying statute
The Law of Marriage Act 1971 was among the first African statutes to bring civil, customary, Christian and Islamic marriage under one framework. It permits monogamous and polygamous marriage by election, requires conciliation before divorce, and recognises non-monetary contribution to matrimonial property.
Key rules
- Jurisdiction — Primary courts and the High Court hear matrimonial matters; Marriage Conciliation Boards must attempt reconciliation first.
- Deadline — Conciliation before a Marriage Conciliation Board: required before a divorce petition
- Deadline — Divorce: no petition within two years of marriage except with leave
Governing law
- Law of Marriage Act, 1971Cap 29
- Law of the Child Act, 2009No. 21 of 2009
- Probate and Administration of Estates ActCap 352
In practice
The 1971 Act was ahead of its time in requiring compulsory conciliation and in treating a wife's domestic contribution as contribution to matrimonial property. Its unresolved problem is the minimum age: the Act permitted marriage at 14 with leave, and although the Court of Appeal upheld a High Court ruling striking that down in 2019, the statutory text has still not been amended to reflect it.