ADVOKS GLOBAL · KENYA
Marriage Act
11. Void marriages
Edition: 2022-12-31 · In force
11. Void marriages
(1)A union is not a marriage if at the time of the making of the union—(a)either party is below the minimum age for marriage;(b)the parties are within the prohibited marriage relationship;(c)either party is incompetent to marry by reason of a subsisting marriage;(d)by order made under section 25, the court has directed that the intended marriage is not to be contracted;(e)the consent of either party has not been freely given;(f)either party is absent from the ceremony;(g)both parties knowingly and willfully permit a person who is not authorised to do so to celebrate the union;(h)either party is mistaken about the identity of the other party; or(i)either party knowingly or willfully enters into the marriage for fraudulent purposes.(2)Consent is not freely given where the party who purports to give it—(a)is influenced by coercion of fraud;(b)is mistaken as to the nature or purport of the ceremony; or(c)is suffering from any mental condition whether permanent or temporary, or is intoxicated, or is under the influence of drugs, so as not to appreciate the nature or purport of the ceremony.