Attorney General Githu Muigai recalls all marriage certificate books as State prepares for new law

Bride Teresia Kanini (R) puts a ring on the finger of her husband Abiud Maina (L) during their wedding day at Redeemed Gospel Church in Huruma Nairobi.

A new regime on marriages and issuance of marriage certificates is in the offing following the enactment of the Marriage Act, 2014.

All church ministers whose licences to conduct weddings will not have been renewed by the Registrar of Marriages by November 1, will preside over illegal marriages, whose certificates will not be recognised by law.

Attorney General Githu Muigai has recalled all Marriage Certificate books being held by Ministers of Faith licenced to issue the certificates on behalf of the Government, as it starts issuing new certificates.

Also directed to return the certificate books they have been keeping are Deputy County Commissioners, formerly referred to as DCs, who have also been conducting civil weddings and consequently issuing certificates to the newly weds.

Church ministers and members of the provincial administration have been issuing the certificates under the old Marriage Act, Cap 150 and the African Christian Marriage and Divorce Registration Act, Cap 151, which has since been repealed.

Following the commencement of the newly enacted Marriage Act, 2014, the Government is now expected to issue new types of certificates to those getting married from November.

Prof Muigai has warned that all unused marriage certificates issued under the repealed laws will cease to have effect from the said date, and thus directed those in possession of the books to surrender them to the Registrar of Marriages at Sheria House.

For the clergymen to qualify to preside over weddings and issue Marriage Certificates from the date of commencement of the new law, they will be required to hold new licences. Upon application, they will be issued with new books of certificates.

In applying for new licences, the ministers are also expected to file returns of all marriages they have celebrated to date, giving copies of marriage certificates they have issued in respect to those unions.

They are further supposed to submit authentic church records documenting all scheduled marriages due to be conducted before November 1, listing the exact number of marriage certificates they intend to retain for such purpose.

"The church records should be supported by copies of registrar certificates or special licences (from the Registrar) for the planned marriages," says Muigai in an advert.

He warned that licences for ministers who fail to meet the dictated requirements will be cancelled.

Similar stringent measures have been directed to the Deputy County Commissioners, who are further directed to file returns of all marriages they have celebrated and whose records have not been submitted to the Attorney General's office.

The new law provides that a marriage may be registered under the Act if it is celebrated in accordance with the rites of a Christian denomination, as a civil marriage, in accordance with the customary rites relating to any of the communities in Kenya, in accordance with the Hindu rites and ceremonies, and in accordance with Islamic law.