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KENYA – NEW LAW LEGALIZES POLYGAMY
By
Faith Karimi and Lillian Leposo, CNN
May 1, 2014 – (CNN) – A new law that went into effect in Kenya this week
makes it legal for a man to marry as many women as he wants. And a leading
women’s group is applauding it.
President Uhuru Kenyatta signed the polygamy measure
into law Tuesday, formally recognizing what has long been a cultural practice
in the nation.
Parliament passed the bill in March despite protests
from female lawmakers who angrily stormed out of the late-night session at the
time.
The bill initially allowed the first wife the right
to veto the husband’s choice of additional spouses. Male members of parliament
successfully pushed to get that clause dropped.
“We
are happy with the law because finally all marriages are being treated
equally.” Christine Ochieng, executive director of Federation of Women
Lawyers
“Marriage is the voluntary union of a man and a
woman whether in a monogamous or polygamous union,” Kenyatta said in a statement. “The Marriage Act 2014
defines various types of marriages including monogamous, polygamous, customary,
Christian, Islamic and Hindu marriages.”
No limit on number of wives
The law legalizes polygamous unions, but does not
provide an official limit on the number of wives a man can have.
The Federation of Women Lawyers, a powerful women’s
rights group, applauded aspects of the bill and criticized others.
Polygamy already is a common fixture among many
cultures in Kenya and in some other African countries.
The bill, the group said, is long overdue because
polygamous unions were previously not regarded as equal to regular marriages.
“All marriages will be issued with marriage
certificates, including customary marriages. Before this, customary marriages
were treated as inferior with no marriage certificates. This opened up suffering
for the women because they could not legally prove they were married to a
particular man. “
First wife has no say
However, she said, the first wife should have a say
in picking her husband’s co-wives.
“What we are not happy about is that now a man
can marry another wife or wives without the consent of the first wife,”
she said. “That section of the law is potentially open to abuse because a
man can secretly marry other wives because he doesn’t need his wife’s consent
to marry.”
But Jane Kimani, a Nairobi resident, said the bill
is archaic and has no place in modern society.
“Polygamous marriages should not even be an
issue today,” she said. “Kenya is moving backward instead of changing
with the times.”
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