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proposed bill on marriage
mukiha
#11 Posted : Wednesday, September 30, 2009 8:15:00 AM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
Interestingly,there wasn't much debate when these bills were published several months ago...suddenly Daily Nation finds reason to put them in the headline [after the Cabinet returned them for re-drafting and 'further consultation'] and .......here we are.....

* wife n husband own property 50/50
I agree. This should always be the case. I can never understand why Kenyan law does not recognise 'community property' while our vows have a statement to the effect that 'I give you everything that I own in this world...'

* gold diggers and second wives will get nothing from the property they found
This contradicts the previous rule....I think they should share equally in everything. Thus when the first wife is allowing the husband to take the second one,she will know the full material implications. But see my comment on polygamy

* rich wives to support their poor husbands and vice versa
Good in principle,but difficult to implement. The person claiming support will have to prove that they were financially dependent on their spouse during the marriage

* polygamy is fine and legal,but but you have to have inform your bride of the intentions
The way this will be done is by selecting a polygamous route at the time of getting married. Once the couple has agreed to get joined under the polygamous clause,it will be assumed that the first wife has given the husband permission to take a second,third etc wife.

I agree with it...it is only fair that people put their cards on the table before getting married.

Behind the gardens...Behind the wall...Under the tree (Including: Red...Dark Blue...Yellow)
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
mukiha
#12 Posted : Wednesday, September 30, 2009 8:20:00 AM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
Regarding children,their care falls under the Children's Act..... which is already law.

It states clearly that fathers must provide financial and material support for their children whether the children are born outside wedlock or are in a broken family.

If that is so,why are so many men running 'FREE' neglecting their children?

Simple; because women have not been taking them to court. If you don't take them to court,don't wait for the government to do it for you!!!!

Behind the gardens...Behind the wall...Under the tree (Including: Red...Dark Blue...Yellow)
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
Wendz
#13 Posted : Wednesday, September 30, 2009 8:43:00 AM
Rank: Elder

Joined: 6/19/2008
Posts: 4,268
@Muhika

On polygamy,would agreeing to go traditional way of marriage be taken to imply that the woman has consented to have his man marry other wives(as this allows polygamy) in which case,then the man does not need to explicitly ask the wife for permission?

Experience is what you get when you don't get what you want.

mukiha
#14 Posted : Wednesday, September 30, 2009 9:05:00 AM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
@Wendz;

If enacted,the new Marriage Act will replace all the Marriage Acts existing today...including the African Traditional and the Muslim Marriage Acts.

From that point forward,all marriages will have certificates unlike the present case where Traditional Marriages do not have. It will also mean that courts will only recognise spouses with certificates...

So,for couple going the polygamous route (either because they want to be traditional or because they are Muslim),the new law will presume that the wife has given permission for future wives to join into the marriage

Behind the gardens...Behind the wall...Under the tree (Including: Red...Dark Blue...Yellow)
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
Mpenzi
#15 Posted : Wednesday, September 30, 2009 9:09:00 AM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
anyone with a link to soft copies of these bills? i will not rely on what journalists choose to sensationalise.
sheep
#16 Posted : Wednesday, September 30, 2009 9:15:00 AM
Rank: Veteran

Joined: 7/24/2008
Posts: 781
Why is it that the married folk are so keen on this issue....inaonekana iko shida
The utimate goal of investing is to buy low sell high;if we re-write this core equation in psychology terms it becomes buy fear sell greed.
mukiha
#17 Posted : Wednesday, September 30, 2009 9:16:00 AM
Rank: Elder

Joined: 6/27/2008
Posts: 4,114
See the full drafts here:

Marriage Bill: http://www.kenyalaw.org/.../Unpublished/200703.pdf

Matrimonial Property Bill: http://www.kenyalaw.org/.../Unpublished/200702.pdf

Family Protection Bill: http://www.kenyalaw.org/.../Unpublished/200709.pdf

Behind the gardens...Behind the wall...Under the tree (Including: Red...Dark Blue...Yellow)
Nothing is real unless it can be named; nothing has value unless it can be sold; money is worthless unless you spend it.
Wendz
#18 Posted : Wednesday, September 30, 2009 9:26:00 AM
Rank: Elder

Joined: 6/19/2008
Posts: 4,268
@mukiha

thanks.

@sheep
sometimes its just good to be informed... married or not. If married,it is very very important that you know what law binds you lest you find yourself on the other side of law.

Experience is what you get when you don't get what you want.

Mpenzi
#19 Posted : Wednesday, September 30, 2009 9:31:00 AM
Rank: Veteran

Joined: 10/17/2008
Posts: 1,234
Thanks Mukiha
akowally
#20 Posted : Wednesday, September 30, 2009 10:36:00 AM
Rank: Veteran

Joined: 5/20/2008
Posts: 1,126
Location: Nairobi
I agree about the part of getting information. Though I think that we should also focus on enjoying our marriages and doing our best to satisfy our spouses. The divorce rate nowadays is appalling ...

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