Yes, a second wife can get a marriage certificate in Kenya, but only under specific circumstances. Kenya recognizes different types of marriages, including civil, customary, Christian, Hindu, and Islamic marriages. The ability of a second wife to obtain a marriage certificate depends on the type of marriage involved.
Types of Marriages and Their Effect on a Second Wife’s Rights
1. Customary Marriages (Polygamous or Potentially Polygamous)
Customary marriages are legally recognized under the Marriage Act 2014, and they allow polygamy. If a man is married under customary law, he can take a second wife, and their marriage can be legally registered. Each wife is entitled to a marriage certificate as long as the marriage follows the customs of their ethnic group.
2. Islamic Marriages
Islamic law allows a Muslim man to have up to four wives. These marriages must comply with Islamic teachings and can be registered with the Registrar of Marriages. A second wife in an Islamic marriage is entitled to a marriage certificate as long as the marriage meets the religious and legal requirements.
3. Christian, Hindu, and Civil Marriages (Strictly Monogamous)
- If a man is already married under Christian, Hindu, or civil marriage, he cannot legally marry another wife without first divorcing the first wife. These forms of marriage are strictly monogamous.
- Any attempt to marry a second wife under these categories is considered bigamy, which is a criminal offense under Kenyan law.
- A second wife in this scenario cannot obtain a marriage certificate because the union is not legally recognized.
Steps to Obtain a Marriage Certificate for a Second Wife
If a man is legally allowed to marry multiple wives (under customary or Islamic law), the second wife can follow these steps to obtain a marriage certificate:
- Confirm the Legality of the Marriage
- Ensure that the first marriage was conducted under a system that permits polygamy.
- Customary marriages require proof of traditional ceremonies.
- Islamic marriages require compliance with Islamic law.
- Register the Marriage
- Visit the Registrar of Marriages or relevant religious authority.
- Provide necessary documents such as national IDs, witnesses, and proof of customary rites (if applicable).
- Receive the Marriage Certificate
- Once the marriage is validated, the second wife will be issued a marriage certificate as proof of the legal union.
Frequently Asked Questions
1. Can a man change a civil marriage to a customary marriage to marry a second wife?
No. A man who has married under civil law must first divorce before contracting a new marriage under customary law.
2. What happens if a man secretly marries a second wife under customary law while in a civil marriage?
The second marriage is invalid, and the man may face legal consequences for bigamy.
3. Can a second wife claim matrimonial property?
Yes, if the marriage is legally recognized (customary or Islamic). The second wife has rights to marital property acquired during the marriage.
4. Can a second wife be legally recognized in inheritance matters?
Yes, if the marriage was legally valid, the second wife can claim inheritance rights under succession laws in Kenya.
Conclusion
A second wife can obtain a marriage certificate in Kenya only if the marriage is conducted under customary or Islamic law, which allows polygamy. However, second marriages under civil, Christian, or Hindu law are illegal, and no marriage certificate can be issued. Understanding the legal framework helps ensure compliance and protection of rights for all parties involved.
