Those wishing to marry partners of the same sex still have to seek countries where such marriages are allowed, before they can tie the knot.
Same sex marriages will not be allowed if proposals in the harmonised draft constitution become law.
Only marriages between opposite sex will be recognised despite spirited attempts by the gay community to have their relationships legalised.
Opposite sex
According to the document, every adult will have the right to marry a person of the opposite sex, but this will be based on the “free consent of the parties”.
It reads: “The parties to the marriage are entitled to equal rights at the time of marriage, during and at the dissolution of their union.”
The proposal by the committee of experts comes exactly a month after two Kenyan men became the first gay couple to openly wed in London, sparking a huge debate on morality issues in the country.
It also elicited sharp responses from religious organisations, who described the union between Mr Chege Ngengi, 40 and his bride, Daniel Chege Gichia, 39, as “unacceptable and unnatural.