By Harold Ayodo
Dear Harold,
I have been married for the last three years, but living a big lie. Mid last year, I disclosed to my wife that I have been gay for the last 20 years. She was shocked but chose to continue living with me. I, however, want to end this marriage now because I want to settle with the man I love. I have even told my wife to move on by getting somebody whom she loves, which she has agreed to. I need to know is it possible to tie the knot as a same sex couple?
Anthony, Nairobi
Dear Anthony
The Constitution does not recognise same sex marriages. It provides that every adult has the right to marry a person of the opposite sex based on free consent of the parties. This means that parties to a marriage must either be a man or woman. The Constitution recognises the family as the natural and fundamental unit of society and necessary basis of social order that enjoys recognition and protection of the State.
Nevertheless, Article 45(4)(a) of the Supreme Law empowers Parliament to enact any legislation that would recognise marriages concluded under any tradition, system of religious beliefs, personal or family law. Globally, there are countries like Britain where same sex couples can legally enter into what is termed as civil partnerships.
It was there that two Kenyan men — Charles Ngengi and his longtime partner Daniel Chege Gichia — exchanged vows. France, Canada, Denmark, Sweden, Uruguay and New Zealand are among 13 other leading countries that allow gay and lesbian couples to wed. In the United States, Washington DC and 12 other States have also legalised same-sex marriages.
Got a family related legal issue? Ask the lawyer on hayodo@standardmedia.co.ke
