types of marriages Flashcards
christian marriages
17-23
C- marriage
procedure
registration
transitioon
s.17- 23
profess Christian religion
s.18: a licensed church minister (S.50 - appointed by registrar, licensing minister -s.52)
Publication of notice of intention to marry (s.26) in public place of worship (banns of marriage). Prevent invalid marriages
s.19: objection to give a notice of intention to marry- written to person in charge of public place of worship. may withdraw it.
s.20: person in a church of public place shall hear objection, merit, postpone the wedding until determined.
determine not more than 7 days
send a report of the process of determination to the registrar within 7 days
you as objector may appeal to the court- 14 days
s.21: marriage celebrated, person officiating has to complete and sign a mc, and parties + witnesses must sign. Issue one copy to parties, retain one and deliver the other to the registrar.
registration - s.53 - within 14 days to registrar for registrationl
transition- s.96 to register marriage prior to 2014 for, hindu, christian and civil but for polygamous such as hindu within 3 years and (s.98) FOR ACL within 3 years
s.98 —customary, subsisting is valid under new act
civil marriages
24-42
CL- marriage
procedure
registration
s.24-42
s.24- celebrated by the registrar in the place determined by the registrar
s.25- notice of intention to marry - give registrar and the person in charge of the place a written notice of not less than 21 days and not more than 3 months of their intention to marry.
s.26: publication of notice of intention to marry - published by registrar at place of celebration
s.27: objection to a notice of intention to marry - to regisrar or the person in charge of place
s.28: person in charge of place shall hear the objection, merit, postopone until decided. hear within 7 days. prepare and submit a report to regitrsar of the process within 7 days. if objector dissatisfied, then appeal to court within 14 days.
s.29: objection determined by registrar: 7 days not more than 7 days and appeal 7 days
f,m,f objection commits an offence and liable to imprisonment for a term not exceeding 5 years or a fine not exceeding one million shillings or both.
s.30: no marriage until appeal has been determined
s.31: court hear objection
s.32: where a person does not object to the celebration of a a marriage, the registar shall issue them with a certificate of no impediment.
s.33: power of registrar to dispence with s.27 ( objection to marry) due to s.25. before dispensing with it, must confirm (3 things- s.4,s.9,s.10)
s.34: registrar cannot effect section 33 until court decide the appeal
s.35: registrar sign the MC and parties plus the witnesses. 2 to parties and retain 1
s.36: certificate of no impediment: registrar celebrate the marriage.
s.42: person who officiates must deiver the details to registrar for certificate.
failure to register, an offence of fine of 500,000 and or community service.
s.54: registrar - register
marriage officer- send info to registrar to register
ACL S.43- 45
1 case
ACL- marriage
procedure
registration
s.43 - one of borth parties customs
dowry= sufficient
s.44: notify registrar 3 months after completion of the relevant ceremonies or steps
s.45: conents of notification of customary marriage (CL, written declaration they have been followed) + signatures of 2 witness who played a big part. notificaion shall confim that 3 things (C, S.10, S.4)
case: Rosemary Aoko Munjal v Noel Namenya Munjal [2015) - prove of customary law is a matter of fact not law
(Marriage (CM) Rules 2017, r.3)- Registrar to display notice of intention to register for 14 days.
registration to be done within 6 months of celebration - s.55
appearance in person
After that period, if no objection to proposedregistration or objections duly dealt with, Registrar toissue an Acknowledgement Certificate. Upon receipt of the Acknowledgement Certificate, parties shall apply for registration in acc with s. 55(1).
ü s. 96 (2), (3) (4), & Rule 8:
Parties to a customary marriage shall apply to the
Registrar for registration within 3 years of the coming
into force of MA2014.
Islamic marriage (46-47)
s.46- 47
profess hindu faith - s.46
s.47 - authorised by registrar to officiate the marriage
record details and sen to registrar for registration (s.56)
s.56- register checks if the elements of a valid marriage under the general provisions have been complied with.
Islamic marriage (s.48-49)
s.48-49
48: profess islamic faith
49: officiated by a kadhi, sheikh or imam as
may be authorised by the Registrar and celebrated in accordance with Islamic law.
officiator record details and send them to registrar for registration - s.57
s.57: officiated by a kadhi, sheikh or imam and they issue the marriage certificate to be delivered to registrar. the registrar makes sure that the provisions of the act have been complied with; especially the general ones.
marriage (hindu rules) 2017
