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For the legal minds: When is marriage recorgnised?
sparkly
#11 Posted : Thursday, March 28, 2013 4:18:40 PM
Rank: Elder

Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
Marriages recognized in Kenya:

1. Statutory Marriages - African Christian Marriage (Church), Civil (AG and his officers in the Districts), Hindu (temple), Islamic (Kadhi). For these marriages you get a certificate from the state law office.

2. Customary - Ruracio, Ngurario etc etc. Once you go through all those rites, you are married. No need for papers. The wazees will come and give evidence if there is a dispute.

3. Common law marriage/ Presumption of Marriage/ marriage by reputation/ Marriage by cohabitation - You live together as man and wife and you look like a couple to the community. You can't turn around and say you were not married,unless you had entered into an agreement stating that it is only a convenience arrangement.

4. A marriage recognized by a foreign jurisdiction. The US supreme court is deciding whether gay marriages are legal or not under US constitution. If gay marriage is legal in the US and a gay couple come to live in Kenya, the Kenya law will be forced to recognize that marriage.

In a nutshell, no need of going through three ceremonies of marriage if you can avoid it i.e. customary marriage, then church/ Victorian, then civil marriage.

Note that even in church, the pastor just officiates the ceremony and the certificate is obtained from the AG's office.

You can skip all these processes, go to the AG's office, pick a date (21 days away or more), pin a notice on the notice board at Sheria house or the DC's office, turn up with 2 witnesses on the appointed date, exchange your rings and vows. Total cost Approx KShs 2,000 for the documentations... Then fly-off for the honey moon.

lucky are you if your "wife to be" will buy into this very simple yet effective marriage.



Life is short. Live passionately.
AlphDoti
#12 Posted : Thursday, March 28, 2013 4:40:35 PM
Rank: Elder

Joined: 6/20/2008
Posts: 6,275
Location: Kenya
McReggae wrote:
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 kwelismile

Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly Laughing out loudly .....ei boss, that just an extra unwanted r!!!!

As @McReggae and @sparky say, once wazees completes the negotiation and dowry agreed upon (even before you pay), it's marriage recognized by the law.
mpobiz
#13 Posted : Friday, March 29, 2013 12:42:10 PM
Rank: Elder

Joined: 8/10/2010
Posts: 2,265
ZZE123 wrote:
Or put a Bun in the oven and you will not realize how fast you can get married!


True african marriage pap!. hio ingine ni ya wazungu
Politics is just things to keep the people divided and foolish and put your trust in men and none of them can do nothing for you...
sparkly
#14 Posted : Friday, March 29, 2013 2:34:57 PM
Rank: Elder

Joined: 9/23/2009
Posts: 8,083
Location: Enk are Nyirobi
mpobiz wrote:
ZZE123 wrote:
Or put a Bun in the oven and you will not realize how fast you can get married!


True african marriage pap!. hio ingine ni ya wazungu


The Wazungu marriage has peculiar technicalities eg there has to be consummation after the ceremony, both must be 18 and over (although a girl between 16-18 can get married with her parent's written permission), sane, sober, not still married to someone else.

Customary law marriage only needs to conform to custom. In my community a young man who could not afford to pay dowry would just sneak with his friends into the maiden's homestead at night and carry her away.

The damsel would make a lot of keleles for effect. Her relatives would give chase lest it be said that they allowed their daughter to be "stolen".

Hata hio ni marriage.
Life is short. Live passionately.
Foz00
#15 Posted : Friday, March 29, 2013 4:24:39 PM
Rank: Member

Joined: 1/13/2011
Posts: 297
Location: Nairobi
sparkly wrote:
Marriages recognized in Kenya:

1. Statutory Marriages - African Christian Marriage (Church), Civil (AG and his officers in the Districts), Hindu (temple), Islamic (Kadhi). For these marriages you get a certificate from the state law office.

2. Customary - Ruracio, Ngurario etc etc. Once you go through all those rites, you are married. No need for papers. The wazees will come and give evidence if there is a dispute.

3. Common law marriage/ Presumption of Marriage/ marriage by reputation/ Marriage by cohabitation - You live together as man and wife and you look like a couple to the community. You can't turn around and say you were not married,unless you had entered into an agreement stating that it is only a convenience arrangement.

4. A marriage recognized by a foreign jurisdiction. The US supreme court is deciding whether gay marriages are legal or not under US constitution. If gay marriage is legal in the US and a gay couple come to live in Kenya, the Kenya law will be forced to recognize that marriage.

In a nutshell, no need of going through three ceremonies of marriage if you can avoid it i.e. customary marriage, then church/ Victorian, then civil marriage.

Note that even in church, the pastor just officiates the ceremony and the certificate is obtained from the AG's office.

You can skip all these processes, go to the AG's office, pick a date (21 days away or more), pin a notice on the notice board at Sheria house or the DC's office, turn up with 2 witnesses on the appointed date, exchange your rings and vows. Total cost Approx KShs 2,000 for the documentations... Then fly-off for the honey moon.


lucky are you if your "wife to be" will buy into this very simple yet effective marriage.





In all transactions avoid brokers aka Church/pastor
Foz00
#16 Posted : Friday, March 29, 2013 5:35:57 PM
Rank: Member

Joined: 1/13/2011
Posts: 297
Location: Nairobi
sparkly wrote:
Marriages recognized in Kenya:

1. Statutory Marriages - African Christian Marriage (Church), Civil (AG and his officers in the Districts), Hindu (temple), Islamic (Kadhi). For these marriages you get a certificate from the state law office.

2. Customary - Ruracio, Ngurario etc etc. Once you go through all those rites, you are married. No need for papers. The wazees will come and give evidence if there is a dispute.

3. Common law marriage/ Presumption of Marriage/ marriage by reputation/ Marriage by cohabitation - You live together as man and wife and you look like a couple to the community. You can't turn around and say you were not married,unless you had entered into an agreement stating that it is only a convenience arrangement.

4. A marriage recognized by a foreign jurisdiction. The US supreme court is deciding whether gay marriages are legal or not under US constitution. If gay marriage is legal in the US and a gay couple come to live in Kenya, the Kenya law will be forced to recognize that marriage.

In a nutshell, no need of going through three ceremonies of marriage if you can avoid it i.e. customary marriage, then church/ Victorian, then civil marriage.

Note that even in church, the pastor just officiates the ceremony and the certificate is obtained from the AG's office.

You can skip all these processes, go to the AG's office, pick a date (21 days away or more), pin a notice on the notice board at Sheria house or the DC's office, turn up with 2 witnesses on the appointed date, exchange your rings and vows. Total cost Approx KShs 2,000 for the documentations... Then fly-off for the honey moon.


lucky are you if your "wife to be" will buy into this very simple yet effective marriage.





In all transactions avoid brokers aka Church/pastor
poundfoolish
#17 Posted : Saturday, March 30, 2013 7:26:59 AM
Rank: Elder

Joined: 12/2/2009
Posts: 2,458
Location: Nairobi
Most guys i know demand their cockpit licences after the customary bit ends..
their ladies on the other hand still insist on the fairy tale day to consumate matters. thats keeping a plane in the hangar for several more months..
xyzee
#18 Posted : Saturday, March 30, 2013 4:39:29 PM
Rank: Veteran

Joined: 1/9/2009
Posts: 1,262
poundfoolish wrote:
Most guys i know demand their cockpit licences after the customary bit ends..
their ladies on the other hand still insist on the fairy tale day to consumate matters. thats keeping a plane in the hangar for several more months..


What happens if you realize after the D Day that the airport is not as per your specifications.

Especially with the "Goods once sold shall never be accepted" clause.
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