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For the legal minds: When is marriage recorgnised?
Rank: Elder Joined: 12/2/2009 Posts: 2,458 Location: Nairobi
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I've often thought that the Kenyan gentleman always perform 2-3 ceremonies to validate his marriage, of which completion of any should change your marital status.
1. Customary 2. Church wedding 3. Legal signing (AG or during wedding) and more recently 4. Six months come we stay
I'm duly informed that for those of us who are dragged through the entire 3, the court will only recognize a marriage based on your lifestyle. i.e. if you were a professed Christian and performed the customary rights, upto Itaara & Ruracio, you are still not married to the lady until you do the wedding.
My question is. When does the govt recorgnise a marriage? Is it by your confessed lifestyle (e.g Christian hence a church wedding is a must) or by some marked event (Ruracio, church ceremony, AG appearance ...?
If you did customary rites and planning to do the wedding later on. does the govt recorgnise the two of you as married under customary law?
I'm asking for a friend *hides*
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Rank: Elder Joined: 6/17/2008 Posts: 23,365 Location: Nairobi
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After customary and both are in agreement, just get to sign an affidavit before and advocate and voila, you are married!!!! ..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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Rank: Elder Joined: 6/21/2008 Posts: 2,490
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Or put a Bun in the oven and you will not realize how fast you can get married! The man who marries a beautiful woman, and the farmer who grows corn by the roadside have the same problem
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Rank: Elder Joined: 7/22/2008 Posts: 2,723
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I am not a legal mind but tell your friend to consider what the girl will say when put on the stand to proove that she was indeed married. "I lived in his house and we used to do everything together, he used to give me money and buy me clothes, I cooked for him and cleaned the house. He even came to our home and I introduced him to my parents and I even used to visit his parents............" Remember in court it is who makes the best case and if you have a judge who will be smiling like Judge Njoki Ndung'u listening to Kethi Kilonzo as your girl makes her case your friend can be judged to have been married.
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Rank: Elder Joined: 12/2/2009 Posts: 2,458 Location: Nairobi
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So if somebody goes through the customary rites but still doesn't leave with the lady. It is not yet considered a marriage.
and i'm specifically talking of the practice as it is done nowdays.. Wazees meet, lesos, sodas, visits, dowry, and some months down the line a church wedding.
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Rank: Elder Joined: 6/17/2008 Posts: 23,365 Location: Nairobi
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poundfoolish wrote:So if somebody goes through the customary rites but still doesn't leave with the lady. It is not yet considered a marriage.
and i'm specifically talking of the practice as it is done nowdays.. Wazees meet, lesos, sodas, visits, dowry, and some months down the line a church wedding. Kweli ilikuja na meli!!! ......kwani somebody wants to jump, once you complete the customary rites your are married mblo!!!! ..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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Rank: Elder Joined: 6/19/2008 Posts: 4,268
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poundfoolish wrote:So if somebody goes through the customary rites but still doesn't leave with the lady. It is not yet considered a marriage.
and i'm specifically talking of the practice as it is done nowdays.. Wazees meet, lesos, sodas, visits, dowry, and some months down the line a church wedding. I think it is... because they might look at the intention of those acts and what, according to the particular tradition, signified marriage. I also think, whether or not you profess a certain religion, as long as you have gone through the customary marriage rights and no christian wedding, you are still deemed to be marriage. This is because we are African and we are assumed to have practiced 'traditional wedding' through those rites. PS. this is not from a legal expert. @mcrg.... I actually thought he meant "leave the gal at the parent's home" - which didnt make sense... so i bet am also sinking with the bloody meli!
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Rank: Elder Joined: 7/11/2012 Posts: 5,222
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McReggae wrote:poundfoolish wrote:So if somebody goes through the customary rites but still doesn't leave with the lady. It is not yet considered a marriage.
and i'm specifically talking of the practice as it is done nowdays.. Wazees meet, lesos, sodas, visits, dowry, and some months down the line a church wedding. Kweli ilikuja na meli!!! ......kwani somebody wants to jump, once you complete the customary rites your are married mblo!!!! Mblo, ilikuja na meli kweli
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Rank: Elder Joined: 6/17/2008 Posts: 23,365 Location: Nairobi
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Mukiri wrote:McReggae wrote:poundfoolish wrote:So if somebody goes through the customary rites but still doesn't leave with the lady. It is not yet considered a marriage.
and i'm specifically talking of the practice as it is done nowdays.. Wazees meet, lesos, sodas, visits, dowry, and some months down the line a church wedding. Kweli ilikuja na meli!!! ......kwani somebody wants to jump, once you complete the customary rites your are married mblo!!!! Mblo, ilikuja na meli kweli  .....ei boss, that just an extra unwanted r!!!! ..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
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Rank: Member Joined: 8/11/2009 Posts: 481
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Mblo kubali yaishe. Uko ndani ya mbox. Ama ni container?  Another one bites the ndust  "The longer the fuse the mightier the blast!"
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For the legal minds: When is marriage recorgnised?
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