Demystyfing the Marriage Bill 2013

The Marriage Bill 2013 has been a hot subject of debate in parliament, among the citizens, in the radio shows and even in households. 

Why? One may wonder. I mean, hardly is there hullabaloo on legislation passed on revenue, land, Education, Health or even corruption. A brief mention by the media and the citizens only get concerned when the specific legislation touches on an individual’s work, business, profession or livelihood (e.g. the VAT Bill 2013 whose first draft provided that basic food items would now be taxed. However, this has now been amended and basic food items have been exempted from tax.)  Perhaps the heated debates surrounding the marriage bill arise from the fact that marriage touches on family and family is most basic unit in any given society.

The Marriage Bill has to be one of the oldest bill still being debated in parliament today. There have been various amended versions of the bill since 2005 and yet neither of the parliaments since then has arrived at a consensus succeeding in making the marriage bill, law. 

The key points of contention in the marriage bill are two fold;

1.     The nature of the marriage i.e. is it Monogamous or Polygamous, Is it cohabitation or a formalized union? 
2.   The implications of formalizing the union i.e. Registration of a marriage, whether monogamous, polygamous, or a come- we- stay arrangement, have duties attached to them especially in times of divorce and/or death.

The Marriage bill seeks to consolidate the numerous marriage laws that exist in Kenya today. In a nutshell, this bill provides as follows;

1.    It recognizes both monogamous (A Christian, Hindu or Civil marriage) and polygamous unions (Customary or Islamic Marriages) (Section 6(2) and (3).
2.       It provides that parties can convert whether they wish their union to be monogamous or polygamous (Section 8)
3.      It provides for the notification of customary law marriages to the Director, 3 months after completing the relevant ceremonies (Section 43)
4.       It provides that in the case of subsequent marriages, the 1^st wife must be informed (Section 44(3)
5.  The Director of marriages shall issue marriage certificates for all registered marriages

The 2007 draft provided for presumption of marriage where a couple had cohabited for a period of at least 2 years as man and wife. This provision is not in the 2013 draft. Come we stay unions are thus going to be regulated by the courts should the 2013 bill pass in its current state.

All in all, the Marriage Bill was a noble idea but so long as it remains a bill, Marriages in Kenya shall continue to be regulated by multiple regimes and those in customary marriages have to continue with the uphill task of producing elders and relatives who were present at the dowry negotiations to prove that indeed the customary marriage exists