Is it a crime to force someone into marriage?
Marriage Act and Protection Against Domestic Violence Act · sources read 3 Oct 2026
Yes. Under the Marriage Act, a person who goes through a marriage ceremony knowing the other person's consent was obtained by coercion or fraud commits an offence, punishable by up to 3 years in jail, a fine of KSh 300,000, or both. Forced marriage is also domestic violence.
- Where
- Police station to report; magistrate's court for a protection order
Steps
- Report to the police. They must tell you what help is available, such as shelter and medical care, and how to apply for a protection order or lodge a criminal complaint.
- Apply to the magistrate's court for a protection order against the family member or relative involved.
- Anyone who suspects this is happening, such as a neighbour or a relative, can tell the police or another person in authority.
Watch out
- The offence also covers marrying someone you know was too intoxicated, drugged or mentally unwell to understand the ceremony.
- Forcing a marriage can also be prosecuted under other laws, not only the Marriage Act.
Who this covers
- Anyone whose consent to a marriage was not freely given: such a union is not a marriage.
- Anyone being forced by a family member, including parents and other relatives, can seek a protection order.
Official sources (2)
- Marriage Act, No. 4 of 2014 (Cap. 150) new.kenyalaw.org · read 3 Oct 2026
- Protection Against Domestic Violence Act, No. 2 of 2015 (as gazetted) probation.go.ke · read 3 Oct 2026