Polygamy in Kenya

The practice of polygamy is illegal in Kenya although such unions were previously fully recognized by the courts under customary law.^[1] with the enactment of the new constitution, the Marriage Bill of 2007,which would have effectively legalize civil polygamous marriage in Kenya, became null and void as it was unconstitutional. However, the special statute recognizing people of Muslim faith allows the Kadhis courts to regulate issues of personal status for persons professing the Muslim faith. The law categorically states that BOTH partners in a marriage should be Muslims in order to benefits from this special law.

History of Marriage Bill 2007

Marriage Bill 2007 was originally proposed in 1981, though was condemned by politicians for granting women "too many rights", such as the right to specify at the time of the marriage whether or not her husband may choose to take future wives. Most countries allowing polygamous marriages allow such a requirement. Subsequently, the bill was voted down. Revided in 2007, Marriage Bill 2007 faced similar concerns, and thus was not voted on. The bill was reintroduced in March 2009 as planned, addressing legislators concerns by eliminating a wife's right to stipulate monogamy or polygamy during contraction of the marriage. The bill is currently pending before the parliament and has faced both approval and condemntation from Christian and Muslim religious leaders in the country.^[2]

References

External links

• The Marriage Bill, 2007

References