A good marking scheme must go beyond the popular sociological approach
This week I’m a teacher or, more accurately, an examiner. My student has done an exam, to wit, making proposals that can fundamentally alter the marriage law in Kenya. My marking scheme is simple, and arises from the Constitution. Article 45(1) requires the State to recognise and protect the family as the basis of social order. Article 45(2) protects adult heterosexual marriage based on the parties’ free consent. Article 45(3) demands equality between the spouses. And Article 53 recognises the child’s interests as paramount, including rights to be protected from harmful cultural practices and to enjoy parental care and protection.