Customary marriage in Kenya: Documents, registration fees and step-by-step process

Couples who have entered into customary marriages in Kenya have been urged to ensure their unions are formally registered, with the process providing important legal evidence of the marriage.

Customary marriage remains an important form of union in Kenya, where marriages may be celebrated according to the customs of one or both parties.

However, completing traditional ceremonies does not necessarily mean a couple should overlook formal registration.

A certificate can provide important evidence when questions arise over succession, matrimonial property, pension or survivor benefits and other spousal rights.

Under Kenya’s Marriage Act 2014, customary marriages are recognised where they are celebrated in accordance with the applicable customs and meet the legal requirements.

What makes a customary marriage valid in Kenya?

The law sets several conditions that must be met before a customary marriage can be registered.

Both parties must be aged 18 or older, while neither party should be in a subsisting monogamous marriage contracted under civil, Christian or Hindu law.

The union must also have been celebrated according to the customary law applicable to one or both parties.

Customary marriage rites may differ between communities, meaning the traditional requirements can vary depending on the customs being followed.

A key part of the registration process is evidence that the relevant customary ceremonies were completed. This is generally supported by documentation from the area Chief.

Registration of an African customary marriage is available to Kenyan citizens who have contracted a marriage under African customary law.

Documents couples need

Couples should prepare their documentation before beginning the registration process.

Among the documents that may be required are copies of the Kenyan National ID cards or valid passports for both spouses, as well as recent coloured passport photographs.

The parties may also need identification documents for witnesses who attended the customary ceremony.

A particularly important document is the Chief’s letter.

The letter should confirm that the customary rites were performed and provide key details including the names of the parties, the date the rites were completed and the particular customary law under which the marriage was celebrated.

Birth certificates may also be requested during verification, particularly where the Registrar needs to establish age and parentage.

Where either party was previously married, evidence concerning the end of that marriage may also be required, such as a divorce decree absolute or the former spouse’s death certificate.

How to register a customary marriage in Kenya

The process depends partly on when the customary marriage was celebrated.

Existing customary marriages

For customary marriages where the rites were completed before the relevant 2017 rules took effect, the parties are required to appear before the Registrar for an interview and verification.

The application is accompanied by the required documentation, including confirmation from the Chief.

The parties must make the necessary declarations concerning their age, consent and marital status.

An appointment can then be arranged through the eCitizen platform for presentation and verification of the original documents.

If the application is approved, the couple pays the prescribed registration fee before the certificate is issued.

New customary marriages

For customary marriages contracted under the current registration framework, couples are required to notify the Registrar after completing the necessary customary rites.

The notification should be made within the prescribed period, with the process beginning online through eCitizen.

Applicants select the Office of the Attorney General’s marriage services and complete Form CM1, the Notice of Customary Marriage.

The Chief’s letter and identification details for witnesses are among the information required as part of the application.

A KSh600 notification fee is payable to complete this stage.

Couples face a 14-day notice period

After the notification has been accepted, the intended registration is subject to a 14-day public notice period.

This gives interested parties an opportunity to raise an objection to the proposed registration.

If no objection is raised, the process can proceed to the next stage, including an in-person appearance before the Registrar.

The couple’s original documents are then checked against the information submitted through the application.

If the Registrar is satisfied that the legal requirements have been met, the couple can proceed to payment of the registration fee.

How much does registration cost?

The registration fee for a customary marriage is currently listed at KSh3,900.

For a new customary marriage, the process therefore involves the KSh600 notification fee followed by the KSh3,900 registration fee after approval.

The same KSh3,900 registration fee applies to the registration of an existing customary marriage under the information provided by the authorities.

Payments are made through eCitizen using the available payment options, including M-Pesa or card.

Government charges can change, however, so applicants should confirm the current amount on the official platform before making payment.

What happens after payment?

Once the application has been approved and the required fee paid, the Certificate of Customary Marriage is issued under the prescribed process.

The information provided states that the certificate is issued within 14 days of payment of the requisite registration fee.

The certificate then provides formal documentary evidence of the registered customary marriage.

What if documents are rejected?

One of the common problems applicants can encounter is inconsistency between documents.

Couples should carefully check that names and other personal details correspond across their identification documents, birth certificates and application.

A Chief’s letter that does not contain the necessary information can also cause delays.

Applicants whose letter is incomplete may need to return to the Chief’s office and obtain a corrected document before resubmitting their application.

What if someone objects to the marriage?

An objection during the 14-day notice period does not automatically mean that the registration process is permanently over.

The Registrar is required to consider objections raised against the registration before deciding whether the process should continue.

Where an objection involves a complicated legal dispute, obtaining advice from a qualified Kenyan lawyer may be appropriate.

Why registration matters

For couples married under customary law, registration can be particularly important when the existence of the marriage later becomes disputed.

Without formal documentary evidence, a spouse may have to rely on other evidence to establish that a customary marriage existed.

That can become particularly significant in disputes involving succession, matrimonial property and other benefits available to spouses.

Registration therefore gives couples an official record of the union rather than leaving the existence of the marriage to be established solely through witnesses and evidence of customary rites.

The key deadlines couples should know

Couples should pay particular attention to the notification deadline after completing their customary rites.

The registration guidance states that notification should be made within three months of completion of the required ceremonies.

Applicants who have missed the notification period should contact the Registrar rather than assuming that registration is automatically impossible.

The precise options available can depend on the circumstances and the applicable legal requirements.

Where to apply

The registration process is primarily handled online through Kenya’s eCitizen platform, while couples may need to appear physically for presentation and verification of original documents.

The Office of the Attorney General’s marriage services are based at Sheria House on Harambee Avenue in Nairobi.

Couples should use official government channels when making applications and payments and should be wary of individuals claiming they can obtain certificates through unofficial means.

For the latest requirements, charges and appointment information, applicants should check the relevant government services before submitting their applications.

For many couples, the practical message is straightforward: completing customary rites may establish an important part of the marriage, but obtaining formal registration provides documentary proof that can become crucial if the union is later challenged or disputed.

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