A customary marriage in Kenya is a type of marriage that is recognized under Kenyan law and is based on the customs and traditions of the various ethnic communities in the country. It is also referred to as a traditional or marriages. Customary marriages are an important part of Kenyan culture, and they are legally recognized by the Marriage Act, which governs marriages in Kenya.
Key features of a customary marriage in Kenya include:
- Consent: Like any other marriage, both parties must give their free and informed consent to enter into the marriage.
- Ceremony: Customary marriages typically involve traditional ceremonies and rituals that vary among different ethnic groups in Kenya.
- Registration: To be legally recognized, the customary marriage must be registered with the Registrar of Marriages. This involves completing the necessary paperwork and paying the required fees.
- Recognition: Once registered, a customary marriage carries the same legal status as a civil or Christian marriage in Kenya. It provides legal protection and rights to the spouses and any children born of the marriage.
- Polygamy: In many Kenyan customary marriages, polygamy is allowed and regulated by the customs of the particular ethnic group. The Marriage Act recognizes polygamous marriages in Kenya.
- Inheritance and property rights: Customary marriages also have implications for inheritance and property rights, as these issues are often determined by the customs of the specific ethnic community.
It’s important to note that the customs and traditions surrounding customary marriages can vary significantly between different ethnic groups in Kenya. Therefore, the specific details and requirements of a customary marriage may differ depending on the region and culture involved. If you plan to have a customary marriage in Kenya, it is advisable to consult with local authorities or legal experts to ensure that you follow the appropriate customs and legal procedures.