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Directive requiring licenced ministers to send all registers of marriages and divorces to the Registrar is discriminative. The Petitioners moved the court alleging violation of rights under the Constitutionfollowing the Gazette Notice that was published by the registrar of Marriages. The Gazette Notice was meant to set up transitional modalities regarding the registration of marriage from the old marriage laws to the newly enacted Marriage Act said Notice required the Petitioners and all other ministers of faith licenced under the old Pastor mark kariuki wife sexual dysfunction to return registers and acquire new ones.
The Notice further required the petitioners to Pastor mark kariuki wife sexual dysfunction fees for the new register books, fees which had been increased. The Petitioners claimed that the fees that had been paid for the old
Pastor mark kariuki wife sexual dysfunction were supposed to be reimbursed and that the respondent had exercised its mandate unprocedurally and in a manner that discriminated the persons who were licenced to register marriage under other faiths.
Constitutional Law -fundamental rights and Freedoms- right against discrimination- Whether the requirements contained in Gazette Notice No. Constitutional Law Pastor mark kariuki wife sexual dysfunction rights and Freedoms- right to fair administrative action-Whether the respondent upon requiring the Petitioners to return the Marriage Registers used prior to the enactment of the Marriage Act and not reimbursing them for purchasing the new registers amounted to violation of their right to fair administrative action under article 47 of the Constitution-Constitutionof Kenya,article Administrative Law -testing the legality of a statutory office in its exercise of statutory mandate- Whether the Respondent acted lawfully with respect to the prescription of the new fees upon return of the old and collection of the new marriage register books-Marriage Act,Section 96 1.
The registrar to consider Gazette Notice No. The petitioners have approached this Court to seek redress with respect Pastor mark kariuki wife sexual dysfunction what they see as the violation of their constitutional rights by the provisions of the Marriage Act, No. The 1 st petitioner, Bishop Mark Kubai Kariuki, describes himself as the chairman
Pastor mark kariuki wife sexual dysfunction the Evangelical Alliance of Kenya, an affiliate body of all the evangelical churches in Kenya.
He states that Pastor mark kariuki wife sexual dysfunction has brought this petition on his own behalf and on behalf of thousands of ministers of faith in Kenya.
The 2 nd petitioner Pastor mark kariuki wife sexual dysfunction an affiliate body that brings together all the
Pastor mark kariuki wife sexual dysfunction churches in Kenya. It also brings this petition in a representative capacity, like the 1 st petitioner, on behalf of the ministers of faith who are members of the Evangelical Alliance and Christians in Kenya.
The 3 rd petitioner is a non-governmental organization dealing with provision of legal aid and protection and promotion of human rights in Kenya. It is also stated to have brought this petition on behalf of the petitioners and ministers of faith in Kenya and in the public interest pursuant to the provisions of Article 22 2 c of the Constitution.
The petition has been lodged against the office of the Attorney General hereafter AG of Kenya whose office is a creation of the Constitution under Article and the Registrar of Marriages the Registrar whose office is established under the Marriage Act.
The United Counties Shepherds Association, which describes itself as an umbrella body for pastors, church leaders and ministers of faith in Kenya and in Nairobi in particular, was enjoined to this proceedings as an interested party. The facts giving rise to this petition are fairly straight forward. The AG issued a Gazette Notice No dated 12 th September, requiring the petitioners and other ministers of faith to renew their licenses by the 1 st of November They were also required to: Aggrieved by these requirements, the petitioners have filed this petition alleging that the said charges and requirements are in violation of several of their constitutional rights.
They have also filed submissions in support of their case. The petitioners argue that the deadline of 1 st November, that was issued in Gazette Notice No dated 5 th September, to meet all the requirements was unreasonable and contrary to Article 47 of the Constitution.
The petitioners argue that the requirement by the Registrar of Marriages for Kenyans to pay high amounts of money to have their marriages legalized is unreasonable and unconstitutional, and the requirement that the petitioners and other ministers of faith should be re-registered is illegal.
It is also their that the 2 nd respondent acted in a discriminatory manner by requiring Kenyans who practice the faith of the petitioner and other ministers of faith to get certificates of no impediment before celebrating their marriage while a similar Pastor mark kariuki wife sexual dysfunction is not imposed on persons celebrating Hindu, Islamic and customary marriages.
The petitioners further contend that sections 32 1 and 2 and 36 1 and 2 of the Marriage Act do not require persons celebrating civil marriages to get certificates of no impediment, and there is no provision in the Marriage Act requiring Christians to get the said certificate. According to the petitioners, all persons who celebrate marriages in all forms are equal as provided under Article 45 of the Constitution and they should be treated equally.
The petitioners also allege violation of their right under Article 47 of the Constitution. R to submit that the respondents have a duty to act fairly and in a reasonable manner with regard to them and other ministers of faith. Their case was that while they had been required to return their old marriage certificates, they were required to get others at a cost of Kshs20, but were not reimbursed the cost of the old certificates.
They ask the Court to allow the petition and grant them the following orders: The interested party supported the petition. It filed an affidavit sworn by its chairman, Bishop Newton Wanjala on 15 th January, It did not, however, file submissions or appear at the hearing of the matter. The interested party argues that the respondents appear to have misinterpreted section 25 of the Marriage Act.
It contends that the section is very specific on its application, which is to marriages under Part IV of the Act. It submits that the requirement for prior authorisation contained in paragraph c of the Gazette Notice is not only unlawful since it is not sanctioned by a statute but also discriminatory to the church since it does not impose a similar or comparable obligation to other faiths like Islam or Hinduism; and neither are people intending to go through a customary marriage subjected to a similar or comparable obligation.
In its view, the requirement is also not reasonable and is contrary to Article 27 of the Constitution as it confers arduous obligations on persons intending to have their marriage solemnized in church and not in any other places of worship or through customary marriages, thus treating such persons unequally before the law, and is thus discriminatory on the basis of religion. According to the interested party, Pastor mark kariuki wife sexual dysfunction is not correct that the Registrar will require prior notice of a marriage in order to determine if the marriage is void or voidable and determine important aspects like identity, age, presence amongst others yet section 20 of the Marriage Act provides for related powers for ministers of faith conducting Christian marriages to receive, hear and determine objections relating to an impending Christian marriage.
The interested party argues that in the event that the respondents believe that there is a lacuna in the law as pertains to Christian marriages, the most reasonable thing they ought to have done is to request Parliament to cure the gap and, pending the amendment by Parliament, delay the implementation of the Marriage Act.
In its view, if such a gap exists, it is unreasonable to place an unfair load on the church and the sections of the public who may want to solemnize their marriages in church. The interested party further argues that the Registrar has not provided a reason for the increase in the charges for the marriage certificate book other than stating that the said charges were last reviewed over twenty years ago.
According to the interested party, this is not a reasonable, good and complete reason because the increase result in a doubling of the charges; and further, that the 2 nd respondent did not disclose when exactly the fees were last reviewed and the margin of increase Pastor mark kariuki wife sexual dysfunction that previous review. The interested party contends that the increase is not only unreasonable but it is also not expeditious or procedurally fair.
The interested party further argues that licensed Christian ministers of faith do not get paid any fees by the Registrar for officiating marriages, unlike ministers of faith from Islam and Hindu faiths who are paid for officiating marriages. It is its contention that the Registrar should be facilitating and not hindering their activities.
The respondents oppose the petition and have filed a replying affidavit sworn by Ms. Mary Mutaaru, the acting Registrar of Marriages, and written submissions.
They further contend that the requirement that parties to a Christian marriage clear with the Registrar before their marriage Pastor mark kariuki wife sexual dysfunction solemnized is in compliance with the general provisions of the Marriage Act and are intended to establish age and the legal and mental capacity of the parties which is a legal requirement for getting married, hence the need for prior authorization from the Registrar.
The respondents point out that these requirements are in accord with the duties of the Registrar which are spelt out under section 50 of the Marriage Act. Such duties include registering all marriages and issuing all marriage certificates, which can only be possible upon the ministers of faith filing their returns. With respect to the complaint regarding the return of unutilised marriage certificates, the respondents argue that the Marriage Act repeals the marriage statutes under which the old marriage certificates were issued.
It is their contention that what the Registrar was doing was to operationalize the Marriage Act through Gazette Notice No which had been issued about 4 months after commencement of the Act, and was issued strictly in accordance with the law and in the interest of the public. Further, there was no reason for making any refunds to the petitioners as the cancellation of the marriage licenses held by the petitioners and the necessity for new ones was as a result of the operation of the law not the singular actions of the office of the Registrar.
They urged the Court to dismiss the petition with costs. They perceive these requirements as discriminatory against Christians as, in their view, religious leaders from other faiths who celebrate marriage are not subject to the same requirements. They also allege that other officiating officials at the national and county level are not required to pay the amounts indicated in the Gazette Notice.
They therefore allege violation of their constitutional rights guaranteed under Articles 27 and 47 of the Constitution, and seek orders to quash the said Gazette Notice. It is with respect to the alleged violation of these two constitutional provisions that I must address myself. Before considering these issues, however, it is useful to consider the powers of the Registrar of Marriages under the Marriage Act, The petitioners have not challenged the provisions of the Marriage Act, or the powers, role and functions of the Registrar, whose office is established
Pastor mark kariuki wife sexual dysfunction section 50 of the Marriage Act as follows:.
Issue marriage certificates Pastor mark kariuki wife sexual dysfunction all registered marriages.
Issue certificates of no impediment to persons who intend to marry and who qualify for such a certificate. Determine the rules governing customary marriages; and. Determine objections of notices to marry. The Registrar of Marriage thus has the legal mandate to perform civil marriages and oversee the registration of marriages celebrated under other systems of law, as well as to issue certificates of marriage and of no impediment to marriage, and to Pastor mark kariuki wife sexual dysfunction objections to notices of marriage.
The Registrar is also given the mandate to appoint marriage officers and issue licences to such ministers of faith to celebrate marriage. Section 52 of the Act, which confers this power, states as follows:. What the petitioners and interested party are aggrieved by are the contents of the notice, which they allege violates their rights Articles 27 and 47 of the Constitution. The constitutional guarantee to equal protection of the law and non-discrimination is contained in Article in the following terms:.
In the case of Peter K. In determining whether the requirements contained in Gazette Notice No. The Gazette Notice, which was published on 12 th September and not 5 th September as the petitioners pleaded, is in the following terms: ALL licensed Ministers of Faith are required to: Nairobi all marriage certificate books unused and partly used.
Note,—All licensed ministers of faith who fail to fulfill the above requirements by 1 st November,will have their existing licenses cancelled. ALL deputy county commissioners are required to: File returns of all marriages celebrated to date whose records have not been submitted to our Head Office, Nairobi.
The records should be supported by copies of registrar certificates for the planned marriages. The wording of this Gazette Notice indicates that it is directed at Ministers who are licensed to celebrate Christian Marriages, and Deputy County Commissioners celebrating civil marriages. It does not include Minsters of other faiths such as Islam or Hinduism.
Does it therefore discriminate against ministers of faith of the Christian religion? Section 96 1 of the Act under the provisions of which the Gazette Notice was issued provides as follows:. Section 96 1which is in the transitional provisions of the Act, is thus intended to apply specifically to marriages contracted under the repealed Marriage Act, the African Christian Marriage and Divorce Actand the Islamic Marriage and Divorce Registration Act, repealed.
The Gazette Notice, which is issued pursuant to the provisions of this section, was directed at ministers who celebrated marriages under the repealed Marriage Act and the African Christian Marriage and Divorce Act only.
The respondent sought to explain this omission by relying on the provisions of section 96 2. This section, which contains the transitional provisions with respect to Hindu, Islamic and customary marriages, provides as follows: Section 96 2 does not answer the contention that the Gazette Notice is discriminatory against Ministers of faith of the Christian religion.
This is because it does not address itself to the same as is covered by section 96 1. It is concerned with parties whose marriages, celebrated before the commencement of the Marriage Act, had not been registered. The Act gives them a period of three years from the commencement of the Marriage Act within which to register their marriages.
In the case of customary marriages, for which no system of registration existed prior to the commencement of the Act, a period of three years from the commencement of the Act within which the marriage is to be registered is provided by section 96 3. Indeed, section 96 3 seems to be a repetition of the requirement contained in section 96 2 with respect to customary marriages. In my view, given the provisions of the Marriage Act which I have set out above, in so far as the Gazette Notice omits to include a requirement that Assistant Registrars under the Islamic Marriage and Divorce Registration Act now repealed return their marriage and divorce registers as required under section 96 1it does not accord with the requirements of the Act on the basis of which it is issued.
The petitioners have also complained that upon being required to return the marriage registers they were using prior to the enactment of the Marriage Act, they were not reimbursed for purchasing the new registers. They have thus alleged a violation of their right to fair administrative action under Article 47 of the Constitution which provides that:. I have already considered the provisions of section 96 1.
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I had just dropped improbable some young lady at her apartment when the request came through. I intended to drive arranged home after dropping that particular client. My notability is Daniel and I am an Uber driver based in Nairobi.
The next client calls as soon as the fresh request pops up on my phone. Um, Charles, I was actually heading home to Githurai so maybe you could do me a favor and cancel your ride before long request another one?
No more than say the driver asked you to cancel. A certain kind of sharpness and metallic substance that is used to throwing orders around. In my line of work, I meet many people. Students, lawyers, doctors, business folks, and they all talk the same. Though lawyers can be a second arrogant.
She brought them up in the knowledge of God and faith that nothing is too difficult for God. Whenever they were faced by a difficult situation at home, she would call them and together to pray. She believed and trained them to believe that nothing is impossible with God.
In his father too submitted his life to the lordship of Jesus Christ. Bishop Mark Kariuki recalls vividly the circumstances in which his father received Christ. A group of believers visited their home at night and witnessed to his father. He received the message of salvation, and gave his life to Christ. He then fetched his bottle of snuff, passed it on to him and told him to throw it into the pit latrine. Bishop Mark did it under duress because being young then, he feared going out into the dark of the night.
He is the moderator of the inter-religious Council of Kenya and a member of the African Council of Apostles. Bishop Mark Kariuki is a charismatic leader, visionary, provocative thinker, and businessman. It was during his stay and service to the Lord in Mombasa that he met Joyce. In April , they were married in a colorful wedding ceremony held at the Kenya Polytechnic, Nairobi.
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Directive requiring licenced ministers to send all registers of marriages and divorces to the Registrar is discriminative. The Petitioners moved the court alleging violation of rights tipsy the Constitutionfollowing the Gazette Notice that was published by the registrar of Marriages.
The Gazette Respect was meant to drop up transitional modalities re the registration of association from the old federation laws to the newly enacted Matrimony Act The said Notice rightful the Petitioners and all other ministers of duty licenced impaired the antiquated law to return registers and obtain new ones.
The Admonish further recommended the petitioners to slack fees by reason of the modern register books, fees which had fossilized increased. The Petitioners claimed that the fees that had d�mod� paid in the interest of the age-old registers were supposed to be reimbursed and that the respondent had exercised its mandate unprocedurally and in a manner that discriminated the persons who were licenced to write marriage under other faiths.
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