Let’s divorce this section from the Marriage Act; it’s unconstitutional

[Courtesy]

In 2010, Kenya promulgated a transformative and progressive constitution.

The Bill of Rights protects human and people’s freedoms and rights. These include the right to equality before the law and non-discrimination; right to freedom of conscience and thought; right to free consent in marriage, and right to access justice. However, section 73(2)(a) of the Marriage Act negates these fundamental freedoms and rights. It bars annulment proceedings after one year of celebration.