REPUBLIC OF KENYA
PRESS STATEMENT FROM THE OFFICE OF THE ATTORNEY GENERAL
AND DEPARTMENT OF JUSTICE ON THE REGISTRATION OF
CUSTOMARY MARRIAGES
The Office of The Attorney General and Department of Justice has gazetted rules for the
Registration of Customary Marriages in Kenya under Gazette Notice Number 5345 dated
9th June 2017.
The Constitution of Kenya, 2010 expressly provides for the protection of the family and
equality of marriage. In 2014, parliament enacted the Marriage Act which provides for
registration of all systems of marriages, namely: Civil, Christian, Islamic, Hindu and
Customary in accordance with the recommendations made by the Taskforce chaired by
Hon. Justice (Rtd) Effie Owuor.
The purpose of the rules is to give effect on the equality of status between all systems of
marriage and provide for a process of registration of marriages through certificates issued
by the Registrar of Marriages.
The requirements for registration of Customary Marriages as per Gazette Notice 5345 are
as follows;
a) Registration of Customary Marriages will start on 1st of August 2017;
b) Parties who are already married under customary law SHALL ONLY REGISTER
THEIR MARRIAGE AND BE FURNISHED WITH A CERTIFICATE.
c) Parties who wish to contract Customary Marriages after the commencement date
of registration, shall within three (3) months of completion of the relevant
customary rites, notify the Registrar, who shall thereafter issue a certificate.
d) The phrase “Prior authorization” in the Gazette Notice refers to guidance for
purposes of commencing the registration of Customary Marriages.
MARY MUTAARU,
Ag. REGISTRAR OF MARRIAGES