MPs reject 50-50 share clause in Matrimonial Property Bill

By Alphonce Shiundu

Nairobi, Kenya: Male MPs in the National Assembly used their numerical strength to defeat a controversial clause that sought to have matrimonial property shared equally upon dissolution of a marriage.

The men in the House said upon divorce, property should be shared according to the contribution made by each spouse in the marriage.

Majority Leader Aden Duale (Garissa Town) even told his colleagues that they were legislating on “bedroom matters”, which ideally should be sorted out between a man and his wife or wives.

There was heated debate as the male lawmakers questioned why, after paying dowry for a bride, they have to go ahead and share the matrimonial property equally.

But the female lawmakers shot back that while husbands go out to make money, they stay behind to “cook, wash their husband’s clothes, and take care of the children”, all which are non-monetary contribution to a marriage, which the female MPs believed granted them half of the matrimonial property.

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When the matter was placed to vote, 87 lawmakers voted to have the property shared according to the contribution made; three MPs abstained, and 28 MPs voted to back the proposal for a 50-50 sharing of the matrimonial property.

There were 34 women MPs in the House, an indication that some of the women are also wary about men who come into marriages just to split the property.

As soon as the Bill was approved, women MPs walked out of the National Assembly and into the small dining room at Parliament Buildings to take stock of what had happened.

As MPs approved to have matrimonial assets shared according to input, they included amendments to make sure that debts are shared equally among spouses if they are incurred “for the benefit of the marriage”.

The push and pull over matrimonial property came as MPs put the final touches to the Matrimonial Property Bill, 2013, before they send it to President Uhuru Kenyatta for assent.

“We have not come from Venus. When you marry a woman, you do so when you’re slightly older, in that time a man has made a few coins and bought some property. The issue of 50-50 is never applicable in the African context. We want the sharing to be based on the contribution. You don’t need someone to come here and hang around and then walk away with half of your property when they never contributed anything,” said Asman Kamama (Tiaty).

The chairman of the Justice and Legal Affairs Committee Samuel Chepkonga (Ainabkoi) led MPs in pushing for the amendments to make sure that spouses get what they bring into the marriage.

But Esther Murugi (Nyeri Town) and Regina Nthambi (Kilome) said the non-monetary contribution of women to marriage should be taken seriously.

Cosmetic win

The women also got a cosmetic win when the House approved changes to have the property registered jointly. Their contention was that in the African context, property is always registered in the man’s name.

Priscilla Nyokabi (Nyeri) pleaded with the lawmakers to approve amendments so that it is easier for families to share matrimonial property.

The Bill will be presented to the President in the next seven days.

The amendment was presided over by Rachel Shebesh (Nairobi), who dismissed protests from female MPs who said the Bill was unconstitutional.

The Third Reading was presided over by Deputy Speaker Joyce Laboso.