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Dear Harry,
I would honestly pay a fortune for a detailed research to be conducted on what happens to men within five years of walking women down the aisle. I may be a case study as my husband has literally taken me to hell and back. He has been having a steamy affair that has brought me untold suffering. I often say that the past three years have been hell on earth as I struggled to convince him to concentrate on our family but I lost the fight miserably. Moreover, since he got a promotion at work – which translates to a seven figure gross monthly salary, he has been uncontrollable. The worst bit of it is he recently had the guts to tell me that he is truly in love with the woman and he is seriously contemplating marrying the mistress. I am now confused and scared of stigma as we got married in church, have a marriage certificate and three children between the ages of 8 and 14 years old. I have tried talking to his elder brothers, sisters and even parents but he seems not to care anymore. I however do not refute that he provides for the family 100 per cent – but it ends there! I have spent several lonely nights hoping that he comes back to his senses but nothing –including prayer – seems to work. However, I still feel that I cannot take this lying down. Can I move to court and stop their intended wedding?
Ann, Nairobi.
Dear Ann,
Yes, you can stop your husband from marrying his mistress. It is illegal for him to marry another woman while your statutory marriage exists. His action would amount to bigamy – a marital offense, which could attract a jail term of up to five years. Courts are vigilant on offenses relating to marriage under the Marriage Act. He can only re-marry after dissolving your marriage by divorce. It would also be an offense to secretly wed after giving false declarations, details or statements for purposes of marriage. Other possible marital offenses would include marrying under a false name thus deceiving the other party or marrying under customary law while still in an existing marriage contracted either in church, office of the Attorney General or District Commissioner. Recently, a German man married to a Kenyan woman ran into trouble for allegedly tying the knot with another woman. He was charged in court, freed on a Sh1 million bond and surety of Sh500,000 as the case continues.
Harry Ayodo is a practicing attorney of the High Court of Kenya. He works for the Law Society of Kenya.
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