Ø   Matrimonial offences

  • These are covered by part vii of the LMA the Penal code covers some of the offences

   S 145 of LMA makes it an offence for any person making false statements when giving notice of intention to marry, or notice of objection to an intended marriage.

  • Any person found guilty shall be liable on conviction to imprisonment for a term not exceeding three years, and it shall not be a defence to claim that the offender had reasonable grounds for believing the statement to be true.

   S 146 of LMA makes failure to attend conciliation board an offence, verbatim the section states that, Any person who, having been required to attend before a Board, refuses or neglects to do so without reasonable excuse shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred shillings.

   S 147 makes it an offence to give false statements, fabricating evidence or making use of fabricated evidence, destroying, mutilating or concealing any documentary evidence attempting to influence any witness, and the penalty for this offence is imprisonment for a term not exceeding two years.

   S 148 makes it an offence to participate in a marriage while aware that either of the party is below the minimum age. And the penalty is three years imprisonment for the party to the marriage and two years for the person participating the ceremony.

   S 149 makes it is an offence to be a party or to participate a ceremony purported to be a marriage while aware that the parties fall under the degree of prohibited relationship, the penalty is two years imprisonment. It