Abstract

This paper focuses on partners in the nature of African Customary marriage; the Luo wedlock perspective, Kenya. Any state has no higher duty than to ensure that the institution of marriage is protected and the rights of the partners in the nature of the marriage are respected. It is important to note that, occasionally the Judicial officers tasked to determine the validity of the African customary marriages treat it as live-in relationship and the presumption of the nature of marriage by cohabitation and an act of general repute. The Luo Community had certain customary rites performed before the wedlock is declared. This study adopted desktop/online research design. The researcher gathered primary data from the Kenya constitution 2010, the statutes and the cases. The secondary data was sourced from journals, law text books and periodicals. The study revealed that African customary marriage has procedures and customary rites to adhere. I may conclude that Marriage Act 2014, has amplified the ingredients of a valid African Customary Marriage.

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