My fiance wants to marry another girl

By HAROLD AYODO

Dear Harold,

I feel betrayed after my boyfriend of four years recently dropped the bombshell that he is engaged to another woman. They have started organising meetings for their wedding set for October, which is too much for me to bear. I want to know whether it is possible to block issuance of a marriage certificate for a wedding scheduled in church, garden, and office of the District Commissioner (DC) or at a marriage Registrar. What is the process and what does it entail?

Leah, Mombasa.

Dear Leah,

It is possible for anyone to write – with valid reasons – to enter a caveat to stop the Registrar of Marriages from issuing a marriage certificate before it is issued. The words ‘forbidden’ will then be written opposite the entry of the marriage notice in the marriage notice book. The name, residence and reasons of the person blocking issuance of the certificate will also be included. According to the Marriage Act, the Registrar should refer the matter to the High Court, which in turn summons the couple that intended to exchange vows and the person that entered a caveat to stop the process. The court would want to hear reasons why the Registrar should not issue the marriage certificate before issuing a decision, which is final. If the court decides that the certificate ought to be issued, the judge shall remove the caveat by cancelling the word “forbidden” in the marriage notice book and replacing with the words “cancelled by order of the High Court”, and signing his/her name. Legally, the court may award compensation and costs of the case to the couple, especially if it appears that a caveat was entered on insufficient grounds.