[2019] KEHC 11502 (KLR)
The court found that the plaintiff had inadvertently provided incorrect parental information for his marriage certificate, listing his uncle and aunt as his parents. The Registrar of Marriages declined to make the correction administratively, considering it a substantive change rather than a clerical error. The...
Source-derived case information.
- Citation
- [2019] KEHC 11502 (KLR)
- Parties
- Plaintiff: BJN; Defendant: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 11 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Judges
- AO Muchelule
- Legal Topics
- Rectification of Marriage Certificate, Clerical Errors in Marriage Records, Parental Information on Marriage Certificate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BJN
Plaintiff
The Hon. Attorney General
Defendant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the court should order rectification of the plaintiff's marriage certificate to reflect the correct parental information.
- 2 Whether the Registrar of Marriages has the authority to correct substantive errors on a marriage certificate.
Ratio Decidendi
The court found that the plaintiff had inadvertently provided incorrect parental information for his marriage certificate, listing his uncle and aunt as his parents. The Registrar of Marriages declined to make the correction administratively, considering it a substantive change rather than a clerical error. The court held that, under Section 63 of the Marriage Act, the Registrar is empowered to correct clerical errors, but substantive changes require judicial intervention. The court was satisfied with the plaintiff's explanation and the supporting documentation, and therefore granted the application, directing the Registrar to amend the marriage certificate to reflect the correct parental...
Court Disposition
application allowed
Orders
- The Registrar of Marriages is directed to remove the names of 'CMN' and 'MN' from the register and certificate of marriage No. 297150 dated 22nd December 2017 issued to the Plaintiff and WAO.
- The plaintiff's parents' names shall be 'unknown' for the father and 'EWN' for the mother on the marriage certificate.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
FAMILY DIVISION
CIVIL CASE NO. 11 OF 2019
IN THE MATTER OF ORDER 37 RULE 11 OF THE CIVIL PROCEDURE RULES
AND
IN THE MATTER OF THE MARRIAGE ACT, 2014
AND
IN THE MATTER OF THE RECTIFICATION OF MARRIAGE CERTIFICATE
BJN.......................................................................PLAINTIFF
VERSUS
THE HON. ATTORNEY GENERAL.............DEFENDANT
RULING
1. On 22nd December 2017 the plaintiff BJN married WAO under customary law. The marriage was solemnized at the Registrar’s Office in Nairobi on the same date. A certificate of marriage (“BJN1”) was issued in which the plaintiff’s parents were indicated as CMN and MN. The plaintiff had provided this information to the Registrar.
2. By this originating summons dated 27th February 2019 and filed on 1st March 2019, the plaintiff seeks that these “parents” names be removed from the certificate and in their place the mother be shown as “EWN” (deceased) and the father be indicated as “unknown”. His case was that “CMN” and “MN” are his uncle and aunt, respectively, but that he had inadvertently indicated them as his parents. He went back to the Registrar for correction but he was advised he required a court order to make the correction. He annexed the letter to the Registrar.
3. The application was served on the Attorney General who did not respond.
Under section 63 of the Marriage Act, No. 4 of 2014, it is the responsibility of the Registrar to correct any clerical error or omission in the register of marriages or a certificate of marriage. It is possible that the Registrar may have considered that what the plaintiff sought was not a mere correction of an error or omission but a substantive change of information regarding his parents.
5. I allow the application. I direct the Registrar of Marriages to remove the names of “CMN” and “MN” from the register and certificate of marriage No. 297150 dated 22nd December 2017 issued to the Plaintiff and WAO. Instead, the plaintiff’s parents’ names shall be “unknown” for the father and “EWN” for the mother.
DATED and DELIVERED at NAIROBI this 11TH day of JULY 2019.
A.O. MUCHELULE
JUDGE