Wairimu Kamande

Everyone considered her married, but when she passed away, 'Queen' Jane Nyambura's marriage to James Kariuki was cast in doubt. Apparently, the two were not issued with a marriage certificate despite solemnising their marriage at a Ruiru church in June 2001, as James told a Thika court.

Following the intention of Jane’s family to bury her remains at her maternal home against his wish, James has had a tough task trying to prove the validity of their marriage. He has had to go looking for the important document, nine years after the wedding.

Jane and Kariuki are, however, not the only married couple not issued with a certificate, after a formal celebration of their marriage.

A copy of a marriage certificate.

Queen Jane who passed on recently. Her husband is now trying to get their marriage certificate nine years after their church wedding.

READ MORE

 Mbadi's openness on Treasury's actions laudable

 Job creation is the truest measure of economic performance

 Judges raise concern over lawyers use of AI in cases

 How MPs saved Ruto in record one-hour to pass fuel levy cut Bill

Wanjiru Macharia sadly tells the story of her late daughter Aidah Waiyego. She says her daughter was married to a foreigner at an evangelical church in Naivasha in 1998. But the officiating minister did not issue them with the certificate following the ceremony that was conducted at night.

"I was surprised to see a wedding conducted at night, more so when they were not given a certificate to sign. I understand they paid Sh4,000 for the certificate and the pastor promised to hand it to them the following day," says Wanjiru.

Separated

By the time of her daughter’s death four years later, the certificate had never been made available.

Wanjiru adds that matters got complicated when Aidah separated from her husband in 2001 and the man sold the property they had acquired together as there was no proof they were married.

"I wish she had the certificate as it would have been easier to claim estate and support my grandchild whom the father has never taken care of. He sold everything and returned to his country," says Wanjiru who takes care of the boy, now aged 14.

Other people have had their certificates withheld by their pastors in a bid to reconcile existing differences, as happened to Samuel Ngugi and Lydia Muthoni in March 2009.

The two separated barely 12 hours after they were married at Thika’s Victory Church. According to Ngugi, the officiating pastor refused to issue the certificate to either of them unless they agreed to reconcile.

A Thika pastor who ministers at The Springs of Life says it is not surprising that some couples are not issued with marriage certificates after a formal wedding. He says a minister presiding over a marriage ceremony can withhold the certificate if the couple fails to clear church charges.

"Of course, you cannot issue them with a certificate if they have not paid the required fees," he says.

He says couples are charged between Sh2,000 and Sh10,000, depending on how well off they seem and whether they belong to the congregation.

"A bunch of certificates from the Attorney General’s office costs about Sh25,000 for a church. This cost is passed on to couples. In addition, persons who belong to other churches but cannot get joined in marriage there for one reason or another can come to our church, but they are charged an extra cost to get the certificate," he discloses.

Despite the pastor’s explanation, many feel it is unfair and fraudulent for a church to charge a fee for marrying couples then withhold the certificates for failure to pay.

Commercialised

"Why would they charge that much for only one certificate?" wonders Stella Kamau who paid Sh300 when she wedded six years ago.

"We actually paid Sh100. The other Sh200 was for logistics. I have not seen anybody charged anything above Sh500," she says, having been the best maid to two of her friends.

A Thika lawyer, Ng’ang’a Kamiru concurs with Stella, that some churches have commercialised the issuance of marriage certificates. However, what worries him more is that uncertified ministers have wed many couples.

"A marriage should be conducted by an officer registered as a registrar of marriage and gazetted by the Government. Any marriage conducted by any other person, even if he claims to be a bishop, is not valid," he cautions.

It emerges that many evangelical churches do not have pastors registered to act as registrars of marriages.

"I know of pastors who are not supposed to conduct marriages but they do it anyway. One inherits the certificates booklet from a recognised registrar and goes on to join couples in marriage without regard to the requirements of the law," he says.

According to Ng’ang’a, the certificates should not cost more than Sh500 to obtain. In addition, he says, a wedding conducted under the cover of darkness is not valid.

"Any formal marriage should be conducted in daylight and be open to people. It does not matter whether it is in a church or field as long as it is not at night and it is witnessed by other people," he says.

Owing to problems that are bound to arise in case of death or separation, Ng’ang’a advises that it is important concerned couples verify their chosen minister’s status lest they enter into a null union.

Stella also feels that action should be taken against unregistered pastors who conduct marriages and against those who extort money from oblivious faithful.