There is a lot of drama and entertainment in this matter but at the end of the day, the fundamentals are as follows:

1. Kitany says she entered a customary marriage with Linturi. This was after finalizing her divorce from Langat;

2. Linturi says he was still in a Christian marriage with Mercy when he went through the Customary marriage rites with Kitany;

3. Section 6(2) of the Marriage Act 2014 states that a Christian marriage is monogamous. Further, Section 11(1)(c) states that a marriage is void if either party is incompetent to marry by reason of a subsisting marriage;

4. Consequently, the court will be called upon to decide whether Linturi had capacity to enter into the marriage with Kitany. If he didn't all the other manenos is pure entertainment.

5. Finally, it will be interesting to see how the court deals with the issue of jointly acquired property in the absence of a marriage. Will be treated as a sort of business partnership?

I guess the procedures on registering a customary marriage are clear. The burden of proof lies with Marianne.

QUOTE:
How to register a customary marriage in Kenya
Requirements
For one to conduct a successful customary marriage registration in Kenya, you need the following documentation

Each party must bring one passport photo
Each party must have a birth certificate or documentation declaring age of both
Each applicant must have Identification documents
Each of the parties must present a certificate or letter of identification from their country of origin (For Kenyans only)
In case of foreign citizens, they must submit in addition to the above a written application for an exclusive marriage license valid visa and a copy of their passports.
Procedure

Step One: The two individuals willing to enter a marriage contract must take part in the critical customary rites depending on their Kenyan communities.

Step Two: After the customary rites, they must notify the registrar within 90-day period of their intention to register their union. This notification completes with Form CM1 that attracts a fee of KSh 600.

Step Three: The registrar then puts up a fourteen-day notice inviting objections from parties that may be disputing the union.

Step Four: In the event of objections, claimed are received, heard and determined.

Step Five: If no objectives or objections are arising have been handled, the Registrar will then issue the parties with an acknowledgment certificate also known as Form CM2 that attracts an additional KSh 600 fee.

Step Six: The two individuals must then apply for registration of their marriage using Form CM3 and must attach a copy of the acknowledgment certificate they got from the registrar in step five. Form CM3 attracts a fee of KSh 2500 and KSh 200.

Step seven; This is the final step whereby after the Registrar is satisfied with the application and having done the relevant investigations issues a marriage certificate.

Because of the new Marriage Act that implemented on 1st August 2017, parties married before the given date and willing to apply for a marriage certificate must fill form CM8 as well as attach a letter of confirmation from their local chief where the marriage ceremony occurred. The process will attract a fee of KSh 3900.