Section 70 of the Marriage Act (Chapter 280) matters in a country with more than eight hundred languages.
Section 70(1) — the celebrant decides
Where the person by whom or in whose presence a marriage is to be solemnized thinks that it is desirable to do so, he may use the services of an interpreter, not being a party to the marriage, in or in connexion with the ceremony.
The decision is the celebrant’s. The section does not oblige a celebrant to use an interpreter, and does not give a party a right to demand one. It is framed as a permission.
The interpreter must not be a party to the marriage. The bride cannot interpret for the groom.
“In or in connexion with the ceremony” is wide enough to cover the section 41 explanation, the section 40 words, and the making of the section 37 declarations.
Several requirements of the Act assume the parties understand what is happening:
- Section 40(2) requires each party to say to the other that they take the other as their spouse;
- Section 41(1) requires the celebrant to remind the parties of the solemn and binding nature of the relationship;
- Section 37(1)(c) requires each party to declare their conjugal status and their belief that there is no legal impediment.
And section 17(1)(d)(ii) makes a marriage void where a party is mistaken as to the nature of the ceremony performed. A party who does not understand the language is at risk of exactly that.
So while section 70(1) is permissive, a celebrant faced with a party who does not follow the proceedings has strong reason to use an interpreter.
Section 70(2) — before the ceremony
A person shall not perform a marriage ceremony in or in connexion with which the services of an interpreter are used unless he has received a statutory declaration by the interpreter stating that he understands, and is able to converse in, the languages in respect of which he is to act.
The declaration is a precondition. A celebrant who allows an interpreter to act without first receiving it contravenes section 70, and commits an offence under section 62(2) — solemnizing a marriage in contravention of section 8 or 70.
Note what the declaration must cover: both understanding and being able to converse in the languages. Passive comprehension is not enough.
Section 70(3) — after the ceremony
A person who has acted as interpreter shall, immediately after the ceremony has taken place, furnish to the person solemnizing the marriage a certificate signed by him, in the prescribed form, of the faithful performance of his services as interpreter.
| Document | When | Content |
|---|---|---|
| Statutory declaration — s 70(2) | Before the ceremony | That the interpreter understands and can converse in the languages |
| Certificate — s 70(3) | Immediately after the ceremony | Of the faithful performance of the interpreting services |
A person who has acted as interpreter and who (a) fails to comply with section 70(3), or (b) wilfully makes a false statement in a certificate under that subsection, is guilty of an offence.
Penalty: a fine not exceeding K400 or imprisonment for a term not exceeding six months.
So the interpreter carries personal responsibility, both to provide the certificate and for its truth. A false statement in the statutory declaration under subsection (2) would separately engage section 59(1) — wilfully making a false statement in a declaration under the Act — carrying K1,000 or four years.
Section 70(4) — Division V.2 only
This section applies in relation to marriages to which Division V.2 applies.
Division V.3 — consular marriages. Those are conducted by a foreign mission for its own nationals under its own law or custom.
Customary marriages under Part II, which are governed by custom and to which the Part V requirements do not apply at all.
Note also that section 71(6) disapplies sections 37, 39 and 45 to a religious ceremony under section 71(5), but does not mention section 70.
In practice
- Raise it early. Tell the celebrant at the notice stage if a party does not speak the language of the ceremony.
- Choose someone independent. The interpreter cannot be a party, and should not be someone with an interest in the marriage proceeding.
- Get the declaration signed before the day. Section 70(2) makes it a precondition to performing the ceremony.
- Have the certificate ready to sign immediately afterwards, alongside the section 45 certificates.
- Remember the declarations. The section 37 declarations as to conjugal status and legal impediment should also be interpreted — a party cannot honestly declare what they have not understood.
Sources
- Marriage Act (Chapter 280) — ss 17, 35, 37, 40, 41, 45, 59, 62, 69, 70, 71
Before relying on anything here, read the current text of the Marriage Act (Chapter 280) and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.