Go ye and marry many wives, says new law signed by President Uhuru Kenyatta

By GEOFFREY MOSOKU

NAIROBI, KENYA: President Uhuru Kenyatta’s signature on the Marriage Bill Tuesday lifted all legal encumbrances standing in the way of Kenyan men and the number of wives they desire.

With the signature, the male-dominated National Assembly got its way way and so just as with cars, which all come with individual registration plates, men now can have as many marriage certificates as the number of wives they marry.

This is because for the first time, monogamous and polygamous marriages equally have the force and guarantee of legal recognition and existence.

But for men who want to increase their domestic brood, there is an unstated caveat anchored on personal considerations; they would still have to contend with the reaction of their religious guides and the economic burden that comes with each extra mouth to feed in a household.

That notwithstanding, there is one thing that should make many men smile today – a husband in a customary marriage will not be required to seek the consent of his wife before taking on a second wife as this earlier clause was repealed before Parliament passed the Bill sent to the President.

While polygamy was not illegal, a marriage certificate could be issued only for a monogamous union.

The Marriage Act (2014) defines various types of marriages including monogamous, polygamous, customary, Christian, Islamic and Hindu.

The new law for the first time brings civil law, in which a man is allowed only one wife, into line with customary law by providing for the same legal status in the case of polygamy as that of a monogamous marriage. According to the Act, marriage is the voluntary union of a man and a woman, whether in a monogamous or polygamous union, registered under the Act. 

The National Assembly passed the controversial law last month in a heated session that saw women MPs storm out in protest. The MPs allowed an amendment that denies a jilted lover the right to seek damages and another that gives men a free hand to take second wives to go through.

This now means that a provision that required a partner who had promised marriage to pay damages in the event they do not honour the promise, will no longer be applicable.

Women will also be roped into the sharing of maintenance costs for children in cases of divorce. Male MPs had ganged up to delete the clause that had required a husband in a customary marriage to seek consent from his wife before marrying a second one.

Leader of Majority Aden Duale, Justice and Legal Affairs Committee chairman Samuel Chepkonga, Gem MP Jakoyo Midiwo and Suna East MP Junet Mohamed were vocal in supporting the deletion.

They argued that it was against tradition to seek consent to marry a second wife and claimed their female colleagues had ulterior motives in trying to push for the clause.

“When you marry an African woman, she must know the second one is on the way, and a third one… this is Africa,” Junet argued.

“I want my Christian brothers to read the Old Testament; King David and King Solomon never consulted anybody to marry a second wife.” Duale added. Narok Woman Representative Sopian Tuya argued that for the sake of peace, it was important that men seek their wife’s consent to take another one.

MAN ENOUGH

“At the end of the day, if you are the man of the house and you choose to bring in another party (and there may be two or three), I think it behoves you to be man enough to agree that your wife and family should know,” she argued.

Priscilla Nyokabi (Kiambu) unsuccessfully pushed the argument that it was important that the amendments be defeated for the sake of family unity.

“If you choose to marry, it is important you inform your wife that you are taking another partner. For the sake of cohesion, it is important to inform all the parties,” she said.

But Benjamin Washiali (Mumias) supported the changes, saying he was a product of a second wife.

SEIZING PROPERTY

Midiwo claimed that women opposed to the amendments were only interested in seizing family property. The law also provides for parties in marriage to meet the maintenance costs for children in cases of divorce.

 The Act, which consolidates various laws relating to marriage, provides procedures for separation and divorce. It also regulates the custody and maintenance of children in the event of separation or divorce.

The MPs had also amended the Bill to make it mandatory for those who want to stop a Christian marriage to put their reasons in writing despite opposition from other MPs that it might discriminate against Kenyans who don’t know how to write but have valid reasons to stop an intended marriage.

It states that parties to a marriage have equal rights and obligations at the time of marriage, during the marriage and at the dissolution of the marriage. All marriages registered under the Act have the same legal status.