45. Family
Official Constitutional Text
45. (1) The family is the natural and fundamental unit of society and the necessary basis of social order, and shall enjoy the recognition and protection of the State.
(2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.
(3) Parties to a marriage are entitled to equal rights at the time of the marriage, during the marriage and at the dissolution of the marriage.
(4) Parliament shall enact legislation that recognises—
(a) marriages concluded under any tradition, or system of religious, personal or family law; and
(b) any system of personal and family law under any tradition, or adhered to by persons professing a particular religion, to the extent that any such marriages or systems of law are consistent with this Constitution.
Plain English Explanation
This is a simplified summary prepared by legal scholars to explain this article in clear language. It is not the legal text of the Constitution.
This article recognises the Family as the foundation of Kenyan society and gives it special protection.
Key provisions:
- The family is the basic unit of society and must be protected by the State.
- Adults have the right to marry someone of the opposite sex with their full and free consent.
- Husband and wife have equal rights throughout the marriage and in case of divorce.
- Customary, traditional, and religious marriages are recognised, but they must comply with the Constitution (especially equality and consent).
This article balances respect for Kenyan cultural and religious traditions with constitutional principles of equality and voluntary consent.