High Court suspends part of new marriage law

A High Court in Nairobi on Thursday suspended a section of the new Marriage Act that required members of the clergy to seek new licenses by November 1 before presiding over weddings.

Justice George Odunga suspended the Act pending the hearing and determination of a suit by Bishop Mark Kariuki, who argued that the law was discriminatory.

Bishop Kariuki, who is the Evangelical Alliance of Kenya (EAK) chairman, together with the East African Centre for Law and Justice argued that since failure to comply with the set requirements on the already scheduled date would result in the cancellation of church licenses, it would be impossible for thousands of Kenyans to celebrate and legalize their marriages.

RENEW LICENSES

The Marriage Act had set November 1 as the deadline for clerics to renew their licenses and their marriage certificate books.

“All licensed ministers of faith who fail to fulfil the requirements will have their existing licences cancelled,” Attorney-General Githu Muigai said in the Gazette notice.

Churches were also required to submit authentic records documenting all marriages that are scheduled to be conducted before the November 1 deadline.

This should be accompanied by a list of the exact number of marriage certificates to be retained for that purpose.