Kenyans have been advised to register their customary marriages with the Registrar of Marriages in order to safeguard their unions and the future of their children.

Lawyer Jennifer Kyumwa, who has over seven(7) years of experience as a legal practitioner, said a recent ruling by Justice H.R Namisi has spotlighted a crucial legal reality in Kenya that an affidavit is not proof of a valid customary marriage.

In JTO v AP (Family Appeal E132 of 2022), the appellant, after 22 years of cohabitation and a blessing three(3) children, sought to dissolve what he claimed was a Luo customary marriage.

However, lacking witnesses or expert testimony, the court ruled that the marriage was never legally proven and dismissed the appeal.

Ms Kyumwa said this case sends a powerful message that registration is the only way to ensure legal recognition of a customary union.

She said under the Marriage Act, 2014, all customary marriages must be registered. 

Those conducted before May 20, 2014, were to be registered by July 31, 2020.

"Unregistered marriage, no matter how long the relationship or how many children are involved, remain outside legal protection," said Ms Kyumwa.

She said for a customary marriage to be valid, both parties must be at least 18 years old and must freely consent to the marriage.

Importantly, neither party should be in an existing civil or Christian monogamous marriage, as this would invalidate the customary union under the law.

"To safeguard your family, register your customary marriage. It’s the only way to secure your rights and your children’s future," said Ms Kyumwa during an interview with AVDelta News on May 14, 2025.

The lawyer also urged law students across the country to shun acts and any behaviour that could be detrimental to positive development and image of their profession, saying that they should understand that their time at the university is a unique opportunity for them to define who and what they wanted to become.

"I'm appealing law students across the country to be focused, self-disciplined and self confident as they prepare to pursue their careers in various areas of the legal profession," she urged.