Kenya - The Marriage Act No. 4 of 2014 - Equality Now

Kenya - The Marriage Act No. 4 of 2014

The Marriage Act No. 4 of 2014

  • Country: Kenya
  • Law status: Discriminatory law in force
  • Law Type: Marriage, Divorce, Polygamy & Wife Obedience

Sections 2, 3 and 6 of Kenya’s Marriage Act No. 4 of 2014 allow a man to have more than one wife.

Section 2. In this Act, unless the context otherwise requires—"polygamy" means the state or practice of a man having more than one wifesimultaneously.

Section 3. (1) Marriage is the voluntary union of a man and a woman whether in a monogamous or polygamous union and registered in accordance with this Act . . . (3) All marriages registered under this Act have the same legal status.

Section 6. (1) A marriage may be registered under this Act if it is celebrated . . . (c) in accordance with the customary rites relating to any of the communities in Kenya . . . (3) A marriage celebrated under customary law or Islamic law is presumed to be polygamous or potentially polygamous.

Link to full law


Article 27(1) of the Constitution of Kenya: Every person is equal before the law and has the right to equal protection and equal benefit of the law.

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