Women leaders term Matrimonial Property Bill unconstitutional but men say it is timely and spot on

By CAROLINE RWENJI AND MURIMI MWANGI

NAIROBI, KENYA: Mixed reactions greeted a move by Parliament to pass a controversial Bill that among other things disapproves equal sharing of matrimonial property in the event of separation.

Ms Patricia Nyaundi, secretary Kenya National Commission on Human Rights and former FIDA executive director, said the Bill contravenes the Constitution.

“I wonder why people charged with upholding the Constitution would present to the President Bills that are unconstitutional. The Constitution is clear on marriage,” she said. The move by Parliament she said was unfortunate, as it implies that commitment to marriage is lessened by payment of dowry.

“When a marriage is terminated, both parties should leave in a dignified manner. The person remaining with the children should know how to support them even after divorce,” she said.

Nyaundi further pointed out that the discussion in Parliament failed to capture what is happening in the society as women work and support families financially even if they fail to buy property.

“It is ridiculous that the same people suggesting that women do not bring any financial gain into a marriage also want them to share liability,” she stated. Maendeleo ya Wanaume Chairperson Nderitu Njoka said the Bill is good, as women have taken advantage of men through marriage to gain property they have not worked for.

“Many women are marrying wealthy men only to leave them after a year so that they can get half the property. No woman is willing to marry a poor man,’’ Njoka, who also heads the Global Gender Empowerment Network stated.

Njoka noted the era of getting married to squander a partner’s hard-earned wealth is over, and it is time for every spouse to work hard “and not expect manna from heaven”.

MEANS OF ENRICHMENT

“The Bill will ensure that you only get what you have sweated for. Marriages have to stop being means of enrichment,” warned Njoka.

In most cases, it is women who move into men’s houses, but in recent times, young men are marrying elderly women for money.  “Men are not being retrogressive by supporting the Bill.” He, however, expressed concern that other provisions of the Bill have been side-lined in public debate, with most spouses focusing on the contentious property issue. “Perhaps Parliament should introduce a fresh Bill called the Property Bill.”