Bill No. 19
Marriage And Divorce Bill
2009
74. Procedure on making a decision in objection proceedings
(1) The court, on making its decision, shall forward the court
order in the prescribed form to the District Registrar stating whether
the objection has been dismissed or sustained.
(2) The District Registrar will then forward the court order to the
relevant Sub-county Chief.
(3) On receiving a court order dismissing the objection
mentioned in subsection (1), the Sub-county Chief shall file the order
and may without further delay, proceed to register the marriage;
(4) Where the court issues to the District Registrar an order
sustaining the objection, the marriage shall not be registered.
(5) The court may, where it considers that an objection was made on
insufficient grounds, direct the person who made the objection to pay
such compensation or costs to a party to the marriage as it may deem fit.
75. Appeals from the court’s decision in objection proceedings
(1) The decision of a court in objection proceedings may be
appealed against either on a point of law or fact or both law and fact.
(2) The hearing of an objection by the court and also the hearing of
an appeal, if any, shall each be completed within fifteen days after filing
the objection or the commencement of the appeal as the case may be.
Void and Voidable Customary Marriages
76. Void customary marriages
(1) A customary marriage is void where—
(a) the parties are within the prohibited degrees of relationship
whether natural or legal or by marriage;
(b) either party was of unsound mind at the time of the
marriage;
(c) the consent of either party to the marriage was obtained by
duress or fraud;
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