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{
"id": 417397,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/417397/?format=api",
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"type": "speech",
"speaker_name": "Hon. Waiganjo",
"speaker_title": "",
"speaker": {
"id": 2644,
"legal_name": "John Muriithi Waiganjo",
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"content": "Bill. Kenyans have been waiting for this Bill to take off. For me, even the provision of equal rights within this Bill is also clear. It clearly states that the parties have equal rights at the beginning of the marriage, during the marriage and even at the time of the dissolution of these marriages. The Bill talks of how those marriages can be dissolved. So, nobody can be imprisoned in a marriage situation. For those who fear polygamy, for instance, it is important for Kenyans to know that they can eliminate that by subjecting their marriages to private law, so that if you do not want a situation whereby your husband marries more, then you go the Christian marriage way or the civil marriage way. The parameters are there and it is clear that he cannot marry again. But if you stay in an arrangement that we call come-we-stay, then of course, you are vulnerable because you have opened up and you have not subjected yourself to any particular law. Therefore, your marriage is potentially polygamous. Therefore, your husband can marry again. Therefore, it is a Bill that also says who can enter into a marriage and who cannot. It gives the age limit and the capacity to enter into a marriage. There is a limit of 18 years. Of course, even the witnesses to that marriage must also have the capacity of 18 years. Therefore, there is no ambiguity in the people who can enter into these kind of marriages. Of course, they must be of sound mind. The Bill also clearly states the types of marriages. Within those types of marriages, there are different ways in which you can get out of those marriages. Even the grounds for divorce are well enumerated in this Bill. This is at the point whereby you feel that the marriage has irretrievably broken down. This Bill gives the grounds you can rely on and get out of the marriage. It also gives the places where marriage can be celebrated. It is not just anywhere. For the Christian marriages, you know, of course, it is a public place. There is the church, but the public place must be allowed by the church. It also recognizes the marriages contracted outside Kenya or those contracted within Kenya in foreign missions or embassies or consulates. As long as they are consented, then the Bill says that they are recognized. We did not have that before. In fact, there has been a lot of confusion for people who have contracted their marriages outside Kenya and then they come back to Kenya and they want their marriages registered. There has been a lacuna of some sort. Customary marriages, of course, are potentially polygamous. The issue of consent as the Chairman, said, we found that it is untenable. I mean, nobody will give you consent. But then again, it is a proper opening for people who would want to contract other marriages. If you want your marriage to be polygamous, then let it be known. Like we have said, when a husband dies, a lot of other women and children come up and it clearly messes up even the process of the administration of the deceased’s estate. On passing the Matrimonial Properties Act, we tried to protect the first and second wives in that arrangement, in as far as matrimonial properties are concerned. This House is doing a good job in as far as the protection of these marriages is concerned. Then of course the grounds for divorce are not the same in every marriage. In the Muslims situation, you can divorce on the grounds that you have changed your religion. That does not happen in a Christian marriage situation. Therefore, it is a Bill that also brings out the issue of maintenance. Men in this country should also think very hard about getting maintenance from their wives. You find situations whereby all the time, even in court, after the end of the litigation, or after the resolution of the marriage, most The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}