11/12/2020
Customary marriages
This is a type of union that is dictated by some unwritten rules of a particular community or society. These practices can be dated back to the pre-colonial period. Of recent these cultural practices have been depreciating. However, the new marriage Act postulates that customary marriage in Kenya has to be supported with a valid certificate.
Here, polygamy is allowed by the law. Therefore, one can marry as many wives as he can handle. After doing a customary wedding, you must inform the registrar within a period of 3 months where you will be required to fill a CM1 form. Upon receiving the notice, the registrar will put a notice to the public inviting any objections.
If no one objects your marriage, you will fill a form CM2 and CM3. The registrar then officially hands you a marriage certificate. The union can be void under the following conditions:
1.If the registrar determines a particular objection to your wedding to be relevant.
2.If elders warrant its dissolution under various circumstances like a wife being adulterous, the husband being impotent, in the event of excessive violence, witchcraft, and many more reasons.
3.If one of the couples seeks for a divorce and is granted by the court.
4.One of the parties is not under free consent to it.