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Canada / Kenya: Marriage Abroad and Authentication / Legalization of Documents?

OnlyAHobo

Member
Oct 28, 2020
13
2
Hi all,

I'm a Canadian currently planning to reunite with and marry a Kenyan citizen in the coming months, and trying to ensure we will have all the appropriate paperwork in order to avoid any issues that may put a halt on plans once I have travelled. I have most of the process figured out and in the works, but have some lingering questions I'm having trouble getting an answer on. I thought a post on here might catch someone who's actually gone through the process in Kenya and can advise based on their own experience. My questions are based around which type of documents are required (e.g. standard photocopies, authenticated true copies, authenticated & legalized true copies), but I'll include some additional context first, as it may help anyone that wants to chime in, or anyone reading this in the future for themselves.


First, I found the Registrar of Marriages through the Kenya Office of the Attorney General: https://statelaw.go.ke/departments/registrar-general-division/registrar-of-marriages/

Through that I found Registration of Marriage by Special License: https://statelaw.go.ke/services-to-the-public/getting-married-in-kenya/registration-of-marriage-by-special-license/#1594893519306-3efdc50e-1e7e

Regardless of the type of marriage, where one party is a Kenyan national and the other a foreign national, the main required documents (which are uploaded to the Kenyan eCitizen portal) are:

Requirements for the Kenyan National:
  • Copy of National Identity Card / Valid Passport
  • Copy of Birth Certificate
  • Coloured Passport-size Photo
  • Proof of no other existing marriage through: Submit Sworn Affidavit (swear separate affidavits if not married)
Requirements for the Foreign National:
  • Copy of Valid Passport
  • Copy of Birth Certificate
  • 1 Coloured Passport-size Photo
  • Proof of no other existing marriage through: A Certificate of No Impediment to Marriage

I also found the following page regarding Certificate of No Impediment to Marriage requirements: https://statelaw.go.ke/services-to-the-public/getting-married-in-kenya/application-for-a-certificate-of-no-impediment-to-marriage/

From my interpretation, the Certificate of No Impediment is only required for a Kenyan national when they get married outside the country. I'll be travelling there, so I still require one, but this would not be needed for her in lieu of the Sworn Affidavit. However, I noticed the requirements for this Certificate are:

Requirements for Certificate of No Impediment:
  • Applicant's certified copy of Passport
  • Applicant's certified copy of Birth Certificate
  • Fiancee's certified Passport copy

Because I noticed that all copies of Passport / Birth Certificate were listed as "certified copy", I wondered if that was actually also the case for the Marriage License documents, so my main question became:

  1. When uploading documents (Passport, Birth Certificate, Certificate of No Impediment) to the eCitizen account for Special License approval, do these need to be:
    • Just a photocopy of the originals with no further notarization / authentication / legalization steps taken?
    • Copies that have first gone through the entire Notarized / Certified True Copy -> Authentication with Global Affairs Canada (GAC, previously DFAIT) -> Legalization with Kenya High Commission / Embassy (in Canada)?
Reference: ImmiGroup - Authentication And Legalization: https://www.immigroup.com/authentication-and-legalization
Reference: ALSC - Apostille, Authentication and Legalization: https://www.alscanada.ca/the-difference-between-apostille-and-authentication-and-legalization/

I also noticed on the Marriage by Special License page, it says: "After submission of the application, both parties to book an appointment on the online platform and appear before the Registrar and submission of original documents verification and interview." Based on this, I suspect regardless of what I upload to eCitizen, we still have to meet with the Registrar and submit original documents... but still unsure which versions will be required at that stage.

There are significant differences between the various stages of documents, and many steps / wait periods to go though the further you go, so I don't want to find out after I've travelled that it's too late and I did not obtain the correct versions. At the same time, aside from these documents I am ready to book my ticket and travel pretty much any time, but am currently held up by this unknown. Some of these wait times are significant enough that I can't commit to a travel date yet, but I may be going through steps / wait periods that are not necessary in Kenya.


At the moment I am playing it safe and assuming the legalized versions of these documents would be required, and have begun gathering them:


At this point I think I'd have everything needed in its most final version, and would go through the eCitizen / application process. However, if I knew whether I could skip the Legalization step, or Authentication & Legalization steps, that would save me many weeks of waiting. But if I do need to go through Legalization...

  1. Legalization Requirements:I notice on the High Commission page:
    • Application Letter detailing the need for legalization, signed & dated by the applicant: Would this Letter need to be notarized?
    • Original and copy of each document to be legalized issued by a Government Authority: Does this mean in the case of a Birth Certificate or Passport, I would have to submit both the authenticated true copies from GAC, as well as my original documents (e.g. my actual Passport)? Or does this mean the authenticated true copies from GAC, along with a regular photocopy of those true copies? I would be concerned about sending both my original documents along with their true copies for so many things in the mail where they could all potentially be lost or held onto for some time.
    • Copy of identity of the applicant: Any specific identity they are looking for? If I'm already sending my Birth Certificate / Passport, would that cover it?
  2. Mailing Documents: Steps are provided for mailing the documents and payment to High Commission, but does anyone know if there is an in-person option for this as well, either at the High Commission office in Ottawa or Consular office in Toronto?
  3. Processing Times: Does anyone have any idea of processing times from the High Commission? GAC states a 15 business day processing time for their authentication, so I'm curious what timeline I may need to account for here.
I've tried reaching out by email to the Registrar of Marriages and Kenya High Commission, but so far have been unsuccessful with a reply, and for example the High Commission here in Ottawa seems to be scaled down and currently reachable only by email due to COVID, so may not even be receiving mail at this time!


Finally, somewhat related, but once I travel I may need documents such as Passport to apply for things such as Kenyan Driving License through NTSA, or possibly Foreigner's Certificate if looking at extending my stay past 90 days, so again not sure if items like these would require legalized documents, or just having my actual Passport available while there.

I realize this is lengthy with lots of questions, but any assistance is very much appreciated. Hopefully helps others as well; wrapping your head around all this is not easy!

Thanks!
 

armoured

VIP Member
Feb 1, 2015
17,308
8,908
I'd suggest trying the Canadian high commission in Nairobi. In many countries you can swear a non impediment statement at the consular section which will be accepted (may need to be stamped or legalized by local authorities.)

Best to check with local resources esp Canadians in Kenya.

Sorry,don't know about the rest.
 

cmcalister

Star Member
Jan 27, 2019
61
8
Hi, I am a Canadian and married a Kenyan in 2018 (in Kenya).. We have since applied for PR and he arrived lin Canada at the end of 2019. Which large city are you closest to when setting up your interview? (Nairobi or Mombasa) We had a gentleman in Mombasa that walked us through the process which went perfectly that I could connect you to if you were interested.

Our experience is as follows:
  1. When uploading documents (Passport, Birth Certificate, Certificate of No Impediment) to the eCitizen account for Special License approval, do these need to be:
    • Copies that have first gone through the entire Notarized / Certified True Copy -> Authentication with Global Affairs Canada (GAC, previously DFAIT) -> Legalization with Kenya High Commission / Embassy (in Canada)?

I also noticed on the Marriage by Special License page, it says: "After submission of the application, both parties to book an appointment on the online platform and appear before the Registrar and submission of original documents verification and interview." Based on this, I suspect regardless of what I upload to eCitizen, we still have to meet with the Registrar and submit original documents... but still unsure which versions will be required at that stage.
Only my husband had an interview prior to wedding as I arrived only 4 days before. I had sent all of my certified copies ahead of the interview through DHL and my husband brought them to his interview. We had a civil ceremony in Mombasa at the Marriage Office and a traditional ceremony 4 days later.

I do not remember going to the Kenyan High Commission for legalization. I am pretty sure we did not do this step. Where are you in Ontario? I was able to attend the Global Affairs Office in person in Ottawa.
 

Crazywire

Star Member
Jul 6, 2020
84
15
I married in Kenya and got my marriage certificate from the Kadhi Court (Islamic version). Everything was done on site. I had to provide copies of our passports, passport photos and male witnesses. Since we were both foreigners, We also had to obtain letter from the ministry of foreign affairs stating our marriage is legal.

Because I noticed that all copies of Passport / Birth Certificate were listed as "certified copy", I wondered if that was actually also the case for the Marriage License documents, so my main question became:
If they want certified copy, then you have to notarize those documents.

Finally, somewhat related, but once I travel I may need documents such as Passport to apply for things such as Kenyan Driving License through NTSA, or possibly Foreigner's Certificate if looking at extending my stay past 90 days, so again not sure if items like these would require legalized documents, or just having my actual Passport available while there.
You probably need to have international driving permit (IDP) along with your driving license in Kenya or get brand new driver's license from NTSA.
 

OnlyAHobo

Member
Oct 28, 2020
13
2
I'd suggest trying the Canadian high commission in Nairobi. In many countries you can swear a non impediment statement at the consular section which will be accepted (may need to be stamped or legalized by local authorities.)

Best to check with local resources esp Canadians in Kenya.

Sorry,don't know about the rest.
That's a good idea, I'll try them too and see who gets back to me first.

For anyone's reference:
And yes the High Commission in Nairobi (https://www.canadainternational.gc.ca/kenya/consular_services_consulaires/index.aspx?lang=eng) seems to offer some services, but if possible I'm trying to have everything I can ready beforehand instead of stressing about it after.

Thanks.
 

OnlyAHobo

Member
Oct 28, 2020
13
2
Hi, I am a Canadian and married a Kenyan in 2018 (in Kenya).. We have since applied for PR and he arrived lin Canada at the end of 2019. Which large city are you closest to when setting up your interview? (Nairobi or Mombasa) We had a gentleman in Mombasa that walked us through the process which went perfectly that I could connect you to if you were interested.

Our experience is as follows:
  1. When uploading documents (Passport, Birth Certificate, Certificate of No Impediment) to the eCitizen account for Special License approval, do these need to be:
    • Copies that have first gone through the entire Notarized / Certified True Copy -> Authentication with Global Affairs Canada (GAC, previously DFAIT) -> Legalization with Kenya High Commission / Embassy (in Canada)?

I also noticed on the Marriage by Special License page, it says: "After submission of the application, both parties to book an appointment on the online platform and appear before the Registrar and submission of original documents verification and interview." Based on this, I suspect regardless of what I upload to eCitizen, we still have to meet with the Registrar and submit original documents... but still unsure which versions will be required at that stage.
Only my husband had an interview prior to wedding as I arrived only 4 days before. I had sent all of my certified copies ahead of the interview through DHL and my husband brought them to his interview. We had a civil ceremony in Mombasa at the Marriage Office and a traditional ceremony 4 days later.

I do not remember going to the Kenyan High Commission for legalization. I am pretty sure we did not do this step. Where are you in Ontario? I was able to attend the Global Affairs Office in person in Ottawa.

Glad to hear everything worked out for you! We'll be in Nairobi, so everything including any interview would take place there. Sure, if you have a contact that can answer questions or if you yourself want to answer some more questions about your experience, I'll happily pick anyone's brain.

I'm in St. Catharines. I would pop over to GAC in Ottawa, but they're currently doing mail-in only until further notice due to COVID.
There is an option to have GAC forward your documents to Kenya High Commission, not sure if you had them do that? Did they get legalized at any time then, or authentication was as far as you took it?