Registration of Marriage by Special License in Kenya (Section 33 of the Marriage Act, 2014)

The Registrar of Marriages may dispense with notice requirement under the Marriage Act, 2014 where there is sufficient reason to do so supported by requisite documents.

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Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and between them and their in-laws.^[1][2] It is nearly a cultural universal,^[3] but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing sexual activity, and sexual intercourse with others aside from one’s spouse may be considered immoral or even illegal.^[4] A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement.

Marriage takes many forms, depending on cultural and religious values of the people involved and the cultural expectations of the society in which they are living.^[4] Marriage may be recognized by a state, an organization, a religious authority, a tribal group, a local community, or peers. It is often viewed as a legal contract. Around the world, there has been a general trend towards ensuring equal rights for women in marriages with men, and greater tolerance toward non-traditional couples. Debates persist regarding the legal status of married women, leniency towards violence within marriage, customs such as dowry and bride price, marriageable age, and criminalization of premarital and extramarital sex.

The license is issued at the discretion of the Registrar who must confirm that:

Neither party is within a prohibited relationship;
Neither party is below the minimum age for marriage; and
Neither party is married to another person.

A special license applies to Civil, Christian and Hindu marriages where:

One or both parties are foreign nationals;
The marriage is taking place outside a gazzeted location for example a garden wedding, hotel among others

A Civil marriage by Special License is conducted within Fourteen (14) days from the date of approval;
Special License for Christian and Hindu marriages are issued within three (3) days from the date of approval;
Both applicants must be resident in Kenya for a period of at least seven (7) days preceding the application.

Special License for Christian and Hindu Marriages:

Where both parties are KENYAN NATIONALS

Before you fill the online application form found at https://www.e-citizen.go.ke,

ENSURE THAT YOU HAVE THE FOLLOWING DOCUMENTS READY FOR ATTACHING/ UPLOADING:

Copy of National Identity Card or valid Passport or Valid Alien Card for refugees;
Copy of Birth Certificate (ENSURE THAT THE NAMES APPEARING ON THE BIRTH CERTIFICATE AND THE NATIONAL IDENTITY CARD/ PASSPORT ARE PROPERLY ALIGNED- NAMES SHOULD BE THE SAME AND APPEAR IN THE CORRECT ORDER);
Coloured passport-size photo –one for each applicant;
Proof of no other existing marriage through:
- Submit sworn affidavit to state marital status (swear separate affidavits if not married or joint affidavit if married under customary law);
- Copy of Death Certificate (if widow or widower);
- Copy of Divorce Decree Absolute (If the partner had been married before and divorced);
- A sworn affidavit to confirm marital status in the event that the Divorce Decree or Death Certificate is more than 2 years’ old.
Copy of license of the Minister of Faith;
Provide serial number of the marriage book to be used;
After submission of the application, both parties to book an appointment on the online platform and appear before the Registrar of marriages and submit original documents for verification and interview;
Upon successful completion of the interview, parties to pay a fee of Kshs 7,200/= on the online platform if wedding is to be conducted at a licensed place of worship or a fee of Kshs 14,200/= if wedding is to conducted outside of a licensed place of worship.

Where one party is a Kenyan national and the other a foreign national

KENYAN NATIONAL

Before you fill the online application form found at https://www.e-citizen.go.ke,

ENSURE THAT YOU HAVE THE FOLLOWING DOCUMENTS READY FOR ATTACHING/ UPLOADING:

Copy of National Identity Card or valid Passport or Valid Alien Card for refugees;
Copy of Birth Certificate (ENSURE THAT THE NAMES APPEARING ON THE BIRTH CERTIFICATE AND THE NATIONAL IDENTITY CARD/ PASSPORT ARE PROPERLY ALIGNED- NAMES SHOULD BE THE SAME AND APPEAR IN THE CORRECT ORDER);
Coloured passport-size photo – one of each applicant
Proof of no other existing marriage through:
- Submit sworn affidavit to state marital status (swear separate affidavits if not married or joint affidavit if married under customary law);
- Copy of Death Certificate (if widow or widower);
- Copy of Divorce Decree Absolute (If the partner had been married before and divorced);
- A sworn affidavit to confirm marital status in the event that the Divorce Decree or Death Certificate is more than 2 years’ old.

FOREIGN NATIONAL

Before you fill the online application form found at https://www.e-citizen.go.ke,

Create a visitors E-citizen account

ENSURE THAT YOU HAVE THE FOLLOWING DOCUMENTS READY FOR ATTACHING/ UPLOADING:

Copy of National Identity Card or valid Passport or Valid Alien Card for refugees;
Copy of Birth Certificate (ENSURE THAT THE NAMES APPEARING ON THE BIRTH CERTIFICATE AND THE NATIONAL IDENTITY CARD/ PASSPORT ARE PROPERLY ALIGNED- NAMES SHOULD BE THE SAME AND APPEAR IN THE CORRECT ORDER);
1 Coloured passport-size photo
Proof of no other existing marriage through:
- A Certificate of No Impediment to Marriage;
- Copy of Death Certificate (if widow or widower);
- Copy of Divorce Decree Absolute (If the partner had been married before and divorced);
- A Certificate of No Impediment to Marriage indicating the current marital status in the event that the Divorce Decree or Death Certificate is more than 2 years old.
Air ticket and visa or work permit for those working in the country
Copy of license of the Minister of Faith;
Provide serial number of the marriage book to be used;
After submission of the application, both parties will be required to book an appointment on the online platform and appear before the Registrar of marriages and submit original documents for verification and interview
Upon successful completion of the interview, parties will be required to pay a fee of Kshs 7,200/= on the online platform if the wedding is to be conducted at a licensed place of worship or Kshs 14,200/= if wedding is to conducted outside of a licensed place of worship.

WHERE BOTH PARTIES ARE FOREIGN NATIONALS

Before you fill in the online application form to be found at https://www.e-citizen.go.ke,

Create a Visitors E-citizen account;

ENSURE THAT YOU HAVE THE FOLLOWING DOCUMENTS READY FOR ATTACHING/ UPLOADING:

Copy of valid Passport
Copy of Birth Certificate (ENSURE THAT THE NAMES APPEARING ON THE BIRTH CERTIFICATE AND THE PASSPORT ARE PROPERLY ALIGNED- NAMES SHOULD BE THE SAME AND APPEAR IN THE CORRECT ORDER);
1 Coloured passport-size photo;
Proof of no other existing marriage through:
- A Certificate of No Impediment to Marriage;
- Copy of Death Certificate (if widow or widower);
- Copy of Divorce Decree Absolute (If the partner had been married before and divorced);
- A Certificate of No Impediment to Marriage indicating the current marital status in the event that the Divorce Decree or Death Certificate is more than 2 years old;
- Air ticket and visa or work permit for those working in the country.
Copy of license of the Minister of Faith;
Provide serial number of the marriage book to be used;
After submission of the application, both parties to book an appointment on the online platform and appear before the Registrar and submit original documents for verification and interview;
Upon successful completion of the interview, parties will be required to pay a fee of Kshs 7,200/= if wedding is to be conducted at a licensed place of worship or a fee of Kshs 14,200/= if wedding is to conducted outside of a licensed place of worship.

Special license for Civil Marriages

WHERE BOTH PARTIES ARE FOREIGN NATIONALS

REQUIREMENTS FOR BOTH FOREIGN NATIONALS

Before you fill the online application form found at https://www.e-citizen.go.ke,

Create a Visitors E-citizen account.

ENSURE THAT YOU HAVE THE FOLLOWING DOCUMENTS READY FOR ATTACHING/ UPLOADING:

Copies of valid Passports;
Copies of Birth Certificate (ENSURE THAT THE NAMES APPEARING ON THE BIRTH CERTIFICATE AND NATIONAL IDENTITY CARD/ PASSPORT ARE PROPERLY ALIGNED- NAMES SHOULD BE THE SAME AND APPEAR IN THE CORRECT ORDER);
Coloured passport-size photo – one for each Applicant
Air ticket and visa or work permit for those working in the country
Proof of no other existing marriage through:
- Submit sworn affidavit to state marital status (swear separate affidavits if not married or joint affidavit if married under customary law);
- Copy of Death Certificate (if widow or widower);
- Copy of Divorce Decree Absolute (If the partner had been married before and divorced);
- A sworn affidavit to confirm marital status in the event that the Divorce Decree or Death Certificate is more than 2 years old.

After submission of the application, both parties to book an appointment on the online platform and appear before the Registrar and submission of original documents verification and interview.

Upon successful completion of the interview, parties will be required to pay a fee of Kshs 9700/= on the online platform if the wedding is to take place at the Registrar’s Office or a fee of Kshs 16,700/= if wedding is to be conducted at a venue outside of the Registrar’s office

Parties to book the date of solemnization of marriage upon payment.

WHERE ONE PARTY IS A KENYAN NATIONAL AND THE OTHER IS A FOREIGN NATIONAL

REQUIREMENTS FOR THE KENYAN NATIONAL:

Before you fill the online application form found at https://www.e-citizen.go.ke,

ENSURE THAT YOU HAVE THE FOLLOWING DOCUMENTS READY FOR ATTACHING/ UPLOADING:

Copy of National Identity Card or valid Passport or valid Alien Card for refugees
Copy of Birth Certificate (ENSURE THAT THE NAMES APPEARING ON THE BIRTH CERTIFICATE AND NATIONAL IDENTITY CARD/ PASSPORT ARE PROPERLY ALIGNED- NAMES SHOULD BE THE SAME AND APPEAR IN THE CORRECT ORDER);
Coloured passport-size photo – one for each Applicant
Proof of no other existing marriage through:
- Submit sworn affidavit to state marital status (swear separate affidavits if not married or joint affidavit if married under customary law);
- Copy of Death Certificate (if widow or widower);
- Copy of Divorce Decree Absolute (If the partner had been married before and divorced);
- A sworn affidavit to confirm marital status in the event that the Divorce Decree or Death Certificate is more than 2 years old.

REQUIREMENTS FOR FOREIGN NATIONAL

Before you fill the online application form found at https://www.e-citizen.go.ke,

Create a Visitors E-citizen account.

ENSURE THAT YOU HAVE THE FOLLOWING DOCUMENTS READY FOR ATTACHING/ UPLOADING:

Copy of National Identity Card or valid Passport or valid Alien Card for refugees
Copy of Birth Certificate (ENSURE THAT THE NAMES APPEARING ON THE BIRTH CERTIFICATE AND NATIONAL IDENTITY CARD/ PASSPORT ARE PROPERLY ALIGNED- NAMES SHOULD BE THE SAME AND APPEAR IN THE CORRECT ORDER);
Coloured passport-size photo – one for each Applicant
Air ticket and visa or work permit for those working in the country
Proof of no other existing marriage through:
- Submit sworn affidavit to state marital status (swear separate affidavits if not married or joint affidavit if married under customary law);
- Copy of Death Certificate (if widow or widower);
- Copy of Divorce Decree Absolute (If the partner had been married before and divorced);
- A sworn affidavit to confirm marital status in the event that the Divorce Decree or Death Certificate is more than 2 years old.

After submission of the application, both parties to book an appointment on the online platform and appear before the Registrar and submission of original documents verification and interview.

Parties to book the date of solemnization of marriage upon payment.

WHERE BOTH PARTIES ARE KENYAN NATIONALS

Before you fill the online application form found at https://www.e-citizen.go.ke,

ENSURE THAT YOU HAVE THE FOLLOWING DOCUMENTS READY FOR ATTACHING/ UPLOADING:

Copy of National Identity Card or valid Passport or valid Alien Card for refugees
Copy of Birth Certificate (ENSURE THAT THE NAMES APPEARING ON THE BIRTH CERTIFICATE AND NATIONAL IDENTITY CARD/ PASSPORT ARE PROPERLY ALIGNED- NAMES SHOULD BE THE SAME AND APPEAR IN THE CORRECT ORDER);
Coloured passport-size photo – one for each Applicant
Proof of no other existing marriage through:
- Submit sworn affidavit to state marital status (swear separate affidavits if not married or joint affidavit if married under customary law);
- Copy of Death Certificate (if widow or widower);
- Copy of Divorce Decree Absolute (If the partner had been married before and divorced);
- A sworn affidavit to confirm marital status in the event that the Divorce Decree or Death Certificate is more than 2 years old.

After submission of the application, both parties will be required to book an appointment on the online platform and appear before the Registrar for submission of original documents and interview

Upon successful completion of the interview, parties will be required to pay a fee of Kshs 9,700/= on the online platform if the wedding is to take place at the Registrar’s office or a fee Kshs 16,700/= if wedding is to be conducted at a venue outside of the Registrar’s Office.

Tags: Registrar of Marriages