In Kenya, the legal dissolution of a marriage can be through divorce or annulment. While divorce is more common, marriage annulment in Kenya is also a legal process that can invalidate a marriage under certain conditions. An annulled marriage means the marriage is considered legally null and void, as if it never existed. This article will explain how a marriage can be annulled in Kenya, the conditions under which annulment is granted, and what it entails.
What Is Marriage Annulment in Kenya?
Marriage annulment in Kenya refers to a legal declaration that a marriage is invalid. Unlike divorce, which ends a valid marriage, annulment treats the marriage as though it never occurred. If your marriage is annulled, it is as if no legal bond existed between you and your spouse.
Annulments are granted by Kenyan courts, and the legal grounds for marriage annulment in Kenya are clearly outlined in Kenyan family law. However, annulment is typically only granted in specific circumstances that make the marriage legally invalid.
Conditions for Annulment of a Marriage in Kenya
Not every marriage can be annulled in Kenya. There are specific grounds for annulment of a marriage in Kenya, and these must be proven in a court of law. The following are some of the key conditions under which a marriage may be annulled in Kenya:
1. Fraud or Misrepresentation
If one party in the marriage was coerced or deceived into marrying, the marriage can be annulled. Marriage annulment in Kenya may be granted if one spouse misrepresented their identity, finances, or intentions before the marriage.
Example:
If one partner lied about their financial situation or marital status, and the other spouse married under false pretenses, the court may annul the marriage.
2. Non-Consent
A marriage can be annulled if one party was not able to give valid consent to the marriage due to mental incapacity or intoxication at the time of the ceremony. If one spouse was unable to understand the nature of the marriage due to mental illness or drug influence, this can be grounds for annulment.
3. Underage Marriage
In Kenya, individuals under the age of 18 are not legally allowed to marry. Marriage annulment in Kenya can be granted if one party was underage at the time of marriage, as the law prohibits minors from entering into a marital contract.
Example:
If a 16-year-old girl married an adult man, the marriage can be annulled as the girl was legally incapable of consenting to the marriage.
4. Bigamy
If one of the spouses was already legally married to another person at the time of the wedding, the subsequent marriage can be annulled. Bigamy (marrying someone while already married to another) is a crime under Kenyan law, and a marriage entered into under these circumstances can be annulled.
5. Impotence
If one spouse is unable to engage in sexual relations due to a permanent physical condition and fails to disclose this before marriage, the other spouse can seek annulment of the marriage in Kenya.
6. Failure to Consummate the Marriage
If one spouse refuses to engage in sexual relations without valid reason, it could be grounds for annulment. The marriage must be physically consummated to be considered valid, and failure to do so could render the marriage invalid.
The Process of Annulment in Kenya
To seek a marriage annulment in Kenya, the process is quite similar to that of filing for divorce. The spouse seeking annulment must file a petition with the High Court. The court will then examine the grounds for annulment and decide whether to grant the petition.
Legal Implications of Annulment in Kenya
Once a marriage is annulled in Kenya, it is treated as though it never existed. This has important implications for property rights, inheritance, and custody of children. In the case of annulment, both parties are returned to their pre-marriage status.
Property Division
In the case of an annulled marriage, the court will generally not divide property as it would in a divorce. However, any property acquired by both parties before the annulment may be subject to a claim based on the contributions of both parties.
Custody of Children
If the couple has children, the court will issue orders regarding custody, maintenance, and child support. The annulment of the marriage does not automatically affect the parent-child relationship.
Conclusion
While marriage annulment in Kenya is not as common as divorce, it remains a valid legal remedy for marriages that are deemed invalid. If you believe your marriage meets any of the conditions for annulment, it is important to consult a family lawyer who can guide you through the process. Marriage annulment in Kenya is a serious legal procedure that has significant implications, so understanding the requirements and conditions is essential.
