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Who you can't marry, and when a marriage can be annulled

Marriage Act, 2014 · sources read 4 Oct 2026

You may not marry a close relative (grandparent, parent, child, grandchild, sibling, cousin, aunt, uncle, niece, nephew, or a great aunt, uncle, niece or nephew), your spouse's or ex-spouse's parent, child, grandparent or grandchild, or someone you adopted or who adopted you; such a union is not a marriage. A marriage with certain other flaws can be annulled by a magistrate's court if one of the spouses petitions within one year of the wedding.

Deadline
Petition for annulment within 1 year of the wedding
Where
A magistrate's court, by petition from one of the spouses
Read the law

Steps

  1. To end a flawed marriage, file a petition for annulment at the magistrate's court, stating the ground (for example, the marriage was never consummated or your consent was not freely given).
  2. Only you or your spouse can file. Relatives can't file on your behalf.

Watch out

  • The ban on marrying a cousin does not apply to Muslims.
  • Going through a marriage with a prohibited relative is a crime: up to 5 years in prison, a fine of up to KSh 300,000, or both.
  • After annulment you are treated as never married, but debts properly taken on for each other during the marriage still stand.
  • If you are relying on a prohibited relationship or your spouse's existing marriage, you must not have known those facts on the wedding day.

Who this covers

  • Everyone marrying in Kenya, under any system of marriage
  • Half-brothers, half-sisters and other half-blood relatives count too
  • Also anyone your community's customary law forbids you to marry
Official sources (1)
  1. Marriage Act, 2014 (No. 4 of 2014) new.kenyalaw.org · read 4 Oct 2026

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