On August 2013, the Star carried a front page article titled "Marriage Bill not acceptable- Chief Kadhi"
In the body of the article, it was stated that Muslim clerics in Mombasa were displeased with the Marriage Bill and asked MPs to oppose it for the following reasons;
For proposing that married couple should have a 50:50 share of any property that they may have at the time that their marriage is dissolved; and for allegedly attempting to introduce Western cultural norms through legal means.
While I commend the continued debate on the Bill, I wish to disagree with the above comments and make several clarifications.
Firstly, the Marriage Bill 2013 does not deal with the division of matrimonial property at all. It is therefore not true that it proposes that married couples should have a 50:50 share of any property that they may have acquired at the time of divorce.
The Marriage Bill restricts itself to defining marriage, provides for five types of marriages, the rights and responsibilities of the parties in such marriages and why and how those marriages will be dissolved. Secondly, here is a different Bill known as The Matrimonial Property Bill, 2013 which deals with all property matters in marriage. The Bill was gazetted on 5th July 2013 and is also open to debate.
On claims that there is an attempt to introduce Western cultural norms through legal means, the following be should also be noted.
Firstly, the Marriage Bill does not seek to introduce any new types of marriage that do not exist today. All the five types of marriages it refers to have existed in Kenya since pre -independence.
The Bill seeks to provide for African customary marriages in an Act of Parliament for the first time. No previous marriage laws have provided for such marriages.
The Bill also seeks to consolidate the existing seven pieces of legislation on marriages in order to minimize the complexity, unpredictability and inefficiency occasioned by the current multiplicity of laws on the subject.
My humble submission on the point is that people should audit the Bill and avoid blanket condemnation. May it also be remembered that attempts to reform the Marriage laws in Kenya have been in place since 1967 when the late President Kenyatta appointed a Commission to review the law on Marriage and Divorce. In 46 years we have not managed to reform our Marriage laws.
Dear Friends, is time to take charge of the legal destiny of our families.
Judy Thongori is a lawyer who comments on family law issues.
Send Emails to wanabidii@googlegroups.com
Kujiondoa Tuma Email kwenda
wanabidii+unsubscribe@googlegroups.com Utapata Email ya kudhibitisha ukishatuma
Disclaimer:
Everyone posting to this Forum bears the sole responsibility for any legal consequences of his or her postings, and hence statements and facts must be presented responsibly. Your continued membership signifies that you agree to this disclaimer and pledge to abide by our Rules and Guidelines.
---
You received this message because you are subscribed to the Google Groups "Wanabidii" group.
To unsubscribe from this group and stop receiving emails from it, send an email to wanabidii+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/groups/opt_out.
0 Comments