Is new legal requirement a wedding crusher?

When you say “I Do” from November 1, make sure it is a legally recognised vow — and that is according to the new law of this land pertaining to marriages.

As the wedding season looms, thousands of young soon-to-be-one couples are looking forward in expectation to their Big Day.

It is a hectic time, planning every last detail including the shoes the bride’s mother will wear.

It is also a joyful time, anticipating the joining together, not just of a man and a woman, but of two families.

Most of all, it is an exciting time for bride and groom, with the prospect of being able to start a home and build a family after months of preparation.

But in the midst of all the customary flurry of preparations, one new yet crucial thing must be attended to by couples intending to tie the knot in the last two months of 2014: someone in the planning committee will have to be assigned a particularly delicate task.

Tell me, just how does one broach the question of whether or not the designated Minister of Faith is authorised by law to conduct your wedding — without causing offence?

You may or may not be aware that November 1 is D-day as far as issuance of legal marriage certificates is concerned.

The first I heard of this deadline was on September 23 via the media.

The Standard carried a report on an advert in which the Attorney General announced that all marriage certificate books are being recalled to pave the way for fresh licensing of Ministers of Faith and Deputy County Commissioners to authorise them to conduct marriage ceremonies under the new Marriage Act 2014.

Legal requirement

Not having seen the advert, it is obviously a concern to me that others — those planning weddings as well as those chosen to officiate at those weddings — may be similarly unaware of the new legal requirement.

The AG reportedly warned that all unused marriage certificates issued under the repealed laws (the old Marriage Act, Cap 150 and the African Christian Marriage and Divorce Registration Act, Cap 151) will cease to have effect from November 1.

These are to be surrendered to the Registrar of Marriages at Sheria House in Nairobi.

Further, for previously licensed clergy to qualify to preside over weddings and issue legal marriage certificates from the day the new law comes into force, they are each required to file returns of all marriages they have officiated over to date, and surrender copies of certificates issued in respect of those unions.

They each must then apply for new books of marriage certificates as recognised by the Marriage Act 2014 once they are issued with their new licences.

Moreover, they are supposed to submit records documenting all scheduled weddings to be conducted before November 1, listing how many marriage certificates they intend to retain.

Question: Is four weeks really adequate notice for all Ministers of Faith to comply with this mouthful of a government directive?

Seems like the stuff nightmares are made of.

Think of the thousands situated in rural backwaters who at the best of times only get to read today’s newspapers several days later.

The flow of official information is unreliable at best, and for a matter as weighty and sensitive as this one, surely more time is needed for all parties to abide by these laborious instructions.

I suspect that it is highly likely that it will be business as usual for clergy who remain genuinely clueless — to the detriment of “newly-weds” who will have contracted a marriage that will in reality be void and unlawful.

Imagine the distress of such a couple once the truth comes to light.

In a country known for the rule-bending prowess of its citizens, we can expect there to be a bright side to this stringent new directive.

It has the potential to weed out fraudsters, those who have been conducting wedding ceremonies without being authorised by law to do so.

If we look at this punishing directive from a purely logistical perspective, how realistic is it for all the requisite paper work to have been completed in time for that couple in Mandera planning to tie the knot on November 8, for instance?

How many hopes and dreams will be dashed in the next few weeks should it transpire that the government is unable to process licences in time for the countless weddings meticulously planned months in advance in every county?

Deluge of paper

Likewise, one can only hope that previously licensed clergy have over the years been strictly complying with the stipulations of the repealed law which says in Section 32 subsection (3): “Within ten days of the last day of each month, every registrar shall send to the Registrar-General a certified copy of all entries made by him during the preceding month in the marriage register book of his district, and the Registrar-General shall file the same in his office.” Phew!

If the process of transmitting this information to the Registrar of Marriages has been efficient, there is hope.

The impending deluge of paper work at the Registrar-General’s office might not be so threatening.

But if there is a backlog, expect trouble ahead.

The most pressing need right now is for those planning to be married in the next few weeks to be proactive and ensure that their plans will proceed uninterrupted.

It is rare for us Kenyans to muster the boldness to question the authority of a person who has been known to be fulfilling a specific function.

But this is one instance where we have no choice but to take the bull by the horns, and defenestrate our legendary unquestioning approach.

Who doesn’t love a good wedding?

Especially at year-end, when the glorious sun brings out the best in our specially designed outfits and bling.

You have been duly warned.

Do everything possible to safeguard the wonder of your wedding day.