What is the place of the 'other' woman? In Kenya, clande is also a ‘wife’

In the future, when people will be remembering Otieno Kajwang’ and the shock of his sudden death, the image of a distraught Faith Vivian Otieno at Lee Funeral Home, demanding to view the body of the dead senator, will always play in their minds.

Naturally, she made headlines in all the dailies in the country.

She told the media that she was legally married to Kajwang’ and had every right to view the body. The Nairobian exclusively divulged the details about her marriage to Kajwang’ a fortnight ago.

But Faith is not the first ‘other’ wife to come out after the man man dies, will certainly not be the last. We have all been treated to the drama that unfolds after the death of prominent men in this country.

Women come out of the woodwork, often with children they claim to have had with the deceased, in an attempt to be part of his legacy, besides seeking to secure the future of the children who had all along been in the shadows.

Expectedly, the official wife and her kin will always try to ward off what they consider an intrusion.

 Leah Kiguatha, a law lecturer at the University of Nairobi, points to an interesting anomaly in Kenyan laws that does not recognise a ‘clande’ when a man is alive. The law just kicks in when the man dies intestate, as is usually the case, and elevates the erstwhile ‘hidden’ lover and her children as rightful heirs as stipulated in the law of succession.

 “They are what we can call a ‘wife for the purposes of succession.’ And often, they are entitled to almost equal rights,” says Kiguatha.

This anomally is confirmed by Harold Ayodo, a programme officer, Communications at the Law Society of Kenya. Ayodo asserts, “According to the Law of Succession, a clande is considered as a ‘wife’ as she has rights to inherit property of the man especially if they had children together.

The law presumes that no child can be born without a father! A clande just has to undergo a DNA test to prove paternity and she dives into the riches of the man! Period!”

While polygamy is illegal in the case of men married in church or at the Attorney General’s Chambers, the same does not apply for unions under Islamic and customary laws.

Wait for the man to die

This irony, the law scholar says, emerged in the 1980s when Parliament was male-dominated (and still is), apparently because the legislators wanted to ensure that as long as they were alive, no woman could come out claiming to be their wives and disrupt the artificial veneer of a happily-married leader. It seems their thinking was that it was okay for the women to fight it out after they were gone!

This, Kiguatha says, favours men, given that women have no corresponding rights, hence no equality. And we are nowhere near repealing this law than we were back in the 1980s.

The Marriage Bill 2014 sought to merge all marriage laws. Christian and civil marriages are still monogamous. But now, even polygamous customary marriages can be registered.

 So for now, clandes have no recourse in law besides waiting for the men to die. Only then can they invoke the law of succession that is very generous and protective of their right to share in the men’s estate.

Alternatively, they can be smart enough to ensure that certain properties are registered in their names, so that should the men give up their ghosts, acrimonious and embarrassing fallout with official wives are averted.

Enjoy now, pay later

The downside of mpango wa kando relationships is that while secret lovers may command a man’s full attention and affections when he is alive, tables get turned should he die intestate, and the clande then getS dragged through the mud of public ridicule and rejection by the man’s family.

They will be dismissed as home wreckers and leeches, and not be accepted even if tests indicate that their children have 99.9 per cent of the dead man’s DNA.

Such was the case when Judy Wambui move to court in Nakuru demanding part of fallen Olympic marathon champion Samuel Wanjiru’s estate. She claimed to have been supported by the athlete prior to his sudden death on May 15, 2011.

“I am a widow to the late Samuel Wanjiru who passed away under unclear circumstances. It has always been suspected that he was murdered although the matter is still under police investigation,” Wambui said in court documents.

She further claimed that Wanjiru used to stay with her in Nakuru and DNA tests had positively proved that Wanjiru was the biological father of their alleged son.

It was the same with Gerishon Kirima’s household. When the business mogul died, the country was treated to an unending succession drama that pitted his wives and children against each other.

Double trouble

Radio presenter Shaffie Weru, who once reportedly professed his love for his baby mama Debbie Asila, and his then girlfriend-turned-wife Joan Mwihaki, has a word of advice for polygamous men:

“Dating or getting married to two women means that they are both on the same level and deserve equal attention. Only a real man can manage that. You should be ready for double trouble,” he warns.

Shaffie believes that second wives will always get most of the attention since they are new flames.