By HAMIDA CHIDAGAYA.
The enactment of the Marriage Act 2014 brought with it the recognition of 5 primary systems of marriage. Section 6 of the Act provides as follows:
“(1) A marriage may be registered under this Act if it is celebrated:
- in accordance with the rites of a Christian denomination;
- as a civil marriage;
- in accordance with the customary rites relating to any of the communities in Kenya
- in accordance with the Hindu rites and ceremonies; and
- in accordance with Islamic law.
(2) A Christian, Hindu or civil marriage is monogamous.
(3) A marriage celebrated under customary law or Islamic law is presumed to be polygamous or potentially polygamous.”