NAME: MBUKHA MICHAEL IDAMBO

REG NO: JKC/B11/0776/2013

FAMILY LAW ASSIGNMENT

Discuss the legal requirements and formalities in Christian marriages

under marriage Act 2014.
An African Christian marriage is defined under the Marriage Act of 2014 under
Section 17(1) as a marriage where the two parties to the marriage profess the
Christian religion or faith. The element of Christian religion makes it differ from
other types of marriage which include Hindu marriage, Islamic marriage and
customary marry marriage and civil marriage which are all provided for in the
Marriage Act 2014.For a Christian marriage to take place there are some requisites
that that have to be adhered to so that the law can regard it as a lawful marriage
as provided for in the various sources of law like the constitution and legislation
especially the Marriage Act 2014.

CONDITIONS RELATING TO CAPACITY UNDER AN AFRICAN CHRISTIAN

MARRIAGE
1. AGE
When discussing age as a requirement under the Christian marriage there are 3
issues that have to be put into consideration. First is the purpose of imposing a
minimum age for this type of marriage, second is what the age should be and
thirdly what are the legal consequences of an unlawful marriage which infringes
the issue of minimum age.
Parties must be of age for a Christian marriage to be regarded as void as provided
for under statutory law and the constitution and under our current laws the parties
have to be 18 years and above as provided for under Article 45 and defined in
Article 260 of the constitution of Kenya and also under the Marriage Act 2014 in
Section 4.In the British case of Pugh v Pugh(1851) a man who was of age over

16 years and a girl aged 15 years tended to contract a marriage even though the
minimum age at that time was 16 years. The judge in his ruling declared the,
marriage void and also stated that the act of marriage between underage persons
is considered to be a social and moral wrong because they are believed to be
immature and have no capability of living together bas a husband
2. GENDER
Parties to a Christian marriage have to be biologically a man and woman for them
to be deemed fit to enter into a marriage. The question of whether a party is a man
or woman is a question of fact. In cases where a party has both the female and
male genitalia his or her plight requires full consideration as it was held in the case
Bellinger v Bellinger[2001]2 F.L.R. 1048 with reference to the case Corbett v
Corbett[1971]P.83
3. PROHIBITED DEGREES OF RELATIONSHIPS
Rules prohibiting marriage between categories of relatives can be said to be
universal though not all countries adhere to the rules. When it comes to affinal
relationship the diversity is even more remarkable as it is practiced in some
cultures. This rules are expressed under Section 10 of the Marriage Act of
2014.Relationship by consanguinity are those relations that would be created by a
marriage between blood elations for example a parent and child and a brother and
sister. On the other hand
these marriages are regarded as marriages within
prohibited degrees are often said to be void as stated under Section 10 of the 14
Marriage Act 2014, on the grounds of incest but this does not mean that a criminal
offence will have been committed by either the parties. These marriages are
regarded as incestuous and are prohibited for health reasons and inbreeding.
Inbreeding gives one imperfect stock and that is why these marriages are
prohibited.
4. SINGLE
Marriage can be defined to as a voluntary union for life between a man and a
woman to the exclusion of all others with reference to the statement of Lord
Penzance in the case of Hyde v Hyde [1866] L.1P &D and therefore a purported
marriage is void if it is proved that at the time of the ceremony either party was
already lawfully married to a third party. Both parties that intend to get married

should make sure that they are single meaning they have not married yet. People
who are already married, even if they have been separated for a long period of
time cannot get married until they officially divorce their spouse. Proof of
dissolution or divorce, annulment or death of the previous spouse is of the essence
so that a person can be able to show termination of any and all prior marriages
REQUIREMENTS

AS

TO

THE

FORMALITIES

OF

AFRICAN

CHRISTIAN

MARRIAGE.
The law makes provision for a number of formalities that are to be followed if one is
getting married the African Christian marriage. These formalities are discussed
below.
CONSENT
Marriage has to be a voluntary union and therefore consent is of the essence
before a union can be considered as a marriage. The constitution of Kenya under
Article 45(2) declares that the right to marry has to be based on the free consent or
will of the two parties and is supported under Section 11(1) (e) of the Marriage Act
2014 which makes provision for the need of consent from both parties before a
marriage takes place. A party giving the consent has to make sure the consent has
to be freely given and therefore where a party is influenced by coercion of fraud, is
mistaken as to the nature of the ceremony or is suffering from any mental
condition whether permanent or temporary or is intoxicated or even under the
influence of drugs so as not to appreciate the nature of the ceremony for the
marriage not to be termed as void under Section 11 of the Marriage Act 2014.
In Re Bennet (1974) 45 DL.R 409 there was a 16 year old girl sought for an
order from the court to dispense with her parental consent to her intended
marriage and the court of law refused to give that order and insisted that consent
must be given for the marriage to proceed.
CELEBRATION OF THE MARRIAGE
Marriage has to be conducted in a public place of worship. The Marriage Act 2014
recognises foreign marriages under Section 22 of the constitution and also
marriages that ae conducted in the embassy, consulate or consulate in a foreign
country under Section 23
Section 21 makes provision that when a marriage has been celebrated subject to
part 3 of the Marriage Act 2014 then the person who is officiating the marriage
ceremony shall complete and sign a marriage certificate in the prescribed form and
it has to be signed by the parties and the witnesses to the marriage. A copy of the

marriage certificate haws to be issued to the parties, another copy to be retained

and the third copy is to be issued to the registrar.
Section 19 of the Marriage Act allows anyone who knows of any impediment to an
intended marriage to give written notice of objection to the person in charge of the
public place of worship where notice of the intended marriage is posted. The
person in charge of the public place of worship shall hear the objection and make a
determination upon receiving it, if he considers that the objection is in need of s
further hearing then he shall postpone the marriage until the objection is fully
determined. Upon determination the report relating to the objection shall be
submitted to the parties intending to marry within seven days of its determination.
Any dissatisfied party van appeal to the court fourteen days after the decision or
determination of the objection is made.
REGISTRATION
For a marriage to be fully recognised under the law as lawful then it has to be
registered subject to Section 53 of the Marriage Act which governs the registration
of marriages. The section grants an obligation to the person in charge of officiating
the marriage to forward a copy of the marriage certificate to the registrar within a
period of fourteen days after the celebration of that marriage so that the marriage
can be registered. The Registrar is also awarded the duty of making sure that the
marriage complies with the provision of the Marriage Act 2014.
REFERENCES

The Constitution of Kenya 2010, Government Printer, Nairobi, 2010.

The Marriage Act of 2014 NO.4 of 2014.