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Somali marriage in Kenya

Kenya's Marriage Act, 2014 allows a marriage celebrated under Islamic law to be registered. It is officiated by a kadhi, sheikh or imam authorised by the Registrar, who records the details and delivers them to the Registrar, who then registers the marriage. So a nikah can be both religious and legally recorded, if the officiant is authorised and the record is filed.

Somalis in Kenya

Kenya's 2019 census counted 2,780,502 ethnic Somalis (KNBS 2019, as reported by Citizen Digital). Citizens and refugees are different groups with different legal positions; this page speaks mostly about the law for Kenyan marriages.

How to be legally married in Kenya

  1. 1The Act's Islamic-marriage part applies only to people who profess the Islamic faith.
  2. 2The nikah is officiated by a kadhi, sheikh or imam authorised by the Registrar and follows Islamic law.
  3. 3The officiant records the marriage in the prescribed form and delivers it to the Registrar; the Registrar registers it once satisfied the Act was complied with.
  4. 4Under the Marriage (Muslim Marriage) Rules, 2017, the parties apply for registration to a Muslim marriage officer or a kadhi using Form MM1, and the officer sends the certificate to the Registrar within two weeks.
  5. 5Ask the sheikh or imam to show his authorisation before the day.

The Act presumes marriages under Islamic law are polygamous or potentially polygamous (section 6(3) of the Act).

FAQ

Is a nikah legal in Kenya?
It can be registered under the Marriage Act if it is officiated by an authorised kadhi, sheikh or imam.
Where do I register?
With a Muslim marriage officer, a kadhi, or the Registrar; check which applies to you.
Can I use Somali Marriage from Kenya?
Yes. Joining Somali Marriage is open wherever you live.

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