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KenyaSimplified

Chapter 4, Part 2 · Art. 45

Family

2010-as-amended · effective 2010-08-27

Official text

(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.
In simple words
  • The family is the natural and fundamental unit of society and is protected by the State.
    Art. 45(1)

    (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.

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  • Every adult has the right to marry a person of the opposite sex, based on their free consent.
    Art. 45(2)

    (2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.

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  • Spouses have equal rights during the marriage and when it ends.
    Art. 45(3)

    (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.

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Kids explanation
  • Families are important, and the State protects them.
    Art. 45(1)

    (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.

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  • Grown-ups can choose to marry freely.
    Art. 45(2)

    (2) Every adult has the right to marry a person of the opposite sex, based on the free consent of the parties.

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