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Dear Harold,
We have been in a come-we-stay union for two years. It has not been a bed of roses as both our families do not approve of our relationship over different reasons, including our ethnic backgrounds. We have unsuccessfully tried, over the past years, to convince our parents that we have known each other well and are ready to settle down officially and start a family.
We now strongly feel that we are meant for each other’s and have mutually resolved to get married clandestinely and have consulted a priest who has agreed to unite us privately without witnesses. Will our marriage be valid?
Brenda, Eldoret
Dear Brenda,
Getting married without the presence of at least two adult witnesses may render the union invalid. The priest may also commit an offence as the new Marriage Act makes it an offence for anyone to celebrate a union purporting to be a marriage without witnesses present.
The man of the collar may be arraigned in court and either sentenced to three months, slapped with a fine of up to Sh10,000 or subjected to both punishments. Your marriage can be valid with the presence of the witnesses even without the consent of your parents. It will even be an offence for the priest to celebrate the marriage if one of you is below 18 years old or no notice of intention to marry was issued. The priest must also be authorised to celebrate the marriage or risk three years in prison, a fine of Sh300,000 or both punishments.
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