CNI Certificate of Non Impediment

Hi Everyone
Well I have lived abroad before 12 years in Czech Republic  from 2002 to 2014, before returning to Surrey UK
But got itchy feet and of course have been in a long distant relationship for over 6 years, and as not getting any younger, thought that this year I would take the plunge and go to Kenya, with the view to see if it could be possible for me to fully retire there.
I am now in my 6th year of retirement!
So I book my flight on the "Dreamliner" and arrive in Nairobi at 5 in the morning, where I am met by my girlfriend, somewhat younger than me, but age is just a number right!
We are staying in Greenspan in a cosy B & B while looking for something more permanent.
On the second day we viewed a flat which seemed too good to be true, so decided that in the evening we would return and see what info we could get from the neighbours, so while walking across Green Spam Mall Car Park, I tripped over, and till now I am really unsure how it happened, but the result was a fractured index finger and ankle, so am now all plastered up for between 4 to six weeks.
I think that at last I have solved the Visa problem, but now we want to get married, and this is now a problem where I need help, it seems that because I have been divorced since 2012 my Divorce Absolute from the courts is not enough, so I need the CNI. the British Consular in Nairobi no longer issue CNI's. and it now seems that I shall have to return to the UK for this piece of paper as it is not available on line!
So do any of you nice people here know how we might resolve this problem
Many Thanks
Tony

To the best of my knowledge the Certificate of No Impediment is not something that you can obtain online.  Below is some information lifted from GOV.UK.  It looks as though you may have to return to the UK though!


"The UK doesn't issue certificates of no impediment (CNI) for marriages in Commonwealth countries.

The British High Commission can provide a letter confirming this which you can give to the Kenyan authorities if you are normally resident in Kenya.

If you're not normally a resident in Kenya then contact the relevant local authorities in Kenya to find out about local marriage laws, including what documents you'll need.

The Kenyan authorities may also ask you to provide a sworn affidavit before a local lawyer, about your marital status. If you have been married before you will need to provide a divorce decree absolute to the Kenyan authorities.

If you have previously lived in the UK you may be asked for a ‘no trace letter' issued by the General Register Office. ‘No trace letters' cost £50 for each 10 year period from age 16 or when you entered the UK. Specify how many years you need the search to cover and quote reference ‘SEARCH 123'. It can take up to 3 weeks for a ‘no trace letter' to be issued.

General Register Office
Telephone: +44 (0)300 123 1837 (8am to 8pm Monday to Friday and 9am to 4pm Saturday)"



Additionally carefully consider your health needs and taking out a decent insurance cover - 'pay as you go' is incredibly costly.  If you don't have any medical knowledge, doctors are notorious for arranging unnecessary hospital admissions, unnecessary, yet expensive tests, scans, medications and even procedures - it tends to be all about the money, sadly.

Good Morning
Thank you for your reply and information,
Yes, I too looked on the Gov.UK site and others but like you it dose not look that hopeful,  I will explore the possibility of a local lawyer giving me an affidavit , but again seeing a "white" the cost will probably be somewhat higher than it would otherwise be! but also one has to take into account the cost of air fares and another visa, I guess its a balancing act!
Thank you again
Best Regards Tony
sorry for the brief reply, but writing with just one hand is somewhat restricting!

Good morning Tony, I believe the affidavit from Kenya will not be sufficient for your case. The requirements for a foreigner marrying a Kenyan are very clear and they are listed on the website of the Office of the Attorney General and Department of Justice . It is provided that where a foreigner has been divorced/ holds a divorce certificate that is for a period exceeding one year, a certificate of no impediment is required.

I believe if you visit your embassy in Kenya and inquire on the same, they will guide you on the different options that you have. They will either complete the process on your behalf,  provide alternative documentation  or guide you on how you can get the said certificate while in Kenya.

With regards,

Beritah- Advocate of the High Court of Kenya

An affidavit drawn up in Kenya would probably not be the solution, unless you are permanently resident there.  From the information obtained, I believe that this needs to be obtained in your home country.

Kenyan law may talk about a certificate of no impediment, but the fact is that these are no longer issued by the UK authorities (or the USA, for example).  The alternative is usually a sworn affidavit.  I seriously doubt that the British High Commission would assist, but of course there is no harm in asking.

Hi
Good afternoon
I have already contacted my Embassy, but unfortunately cannot supply me with this certificate as they do not issue it to other Commonwealth countries!

They did however suggest that I contact a local lawyer, and that they maybe able to help me, otherwise it looks increasingly like I shall have to travel back to the UK as it is not available on line

best regards Tony

Thank you for your reply
you are quite correct, the Embassy does not issue CNI for other Commonwealth countries and it now looks increasingly like I shall have to return to the UK as the certificate is not available on line

best regards and thanks

Tony

Good Morning

Thank you for your reply.

My first course of action was to call my Embassy, but they told me they no longer issue CNI to any Commonwealth Country! More over they suggested that I contact a local Lawyer and produce a swore Affidavit.

I am doubly  annoyed as before I left the UK I checked your website and this seems to be a new clause added since I left,

I also took the time to phone your Embassy in London to further check, and was told by a lady there, that I would be able to sort out any problems once I arrived.

So it now seems that I shall have to return to the UK for this single piece of paper,

I am not getting any younger, and although have time, money is more of a problem, especially as I am now renting a flat here in Nairobi, which I have had to furnish!

I was hoping that I would be able to settle here, marry my fiancee, start a family and settle here in your beautiful country

My start to this dream has been a rocky one only 2 days here in Nairobi, and I tripped  and fell, fracturing my index finger and ankle, which are now still both in plaster, restricting what I can do and where I can go!

Still, these things are sent to try us....

Best regards

Tony

I have come to the conclusion after 22 years of marriage to a Kenyan citizen, that as welcoming as the people are, the government appear to be fairly obstructive in making it easy for foreign spouses to settle in Kenya, particularly when the old constitution was in force at the time we married.