I am in the process of marrying a second one wife and I have gone through the marriage Act of 2014 which consolidates all the laws concerning marriage in Kenya.
The Marriage Act 2014 defines various types of marriages such as;
1.Monogamous marriage
2.Polygamous marriage
3.Customary marriage
4.Christian marriage
5.Islam marriage
6.Hindu marriage
The Act further defines marriage as “a voluntary union of a man and a woman whether in a monogamous or polygamous union registered under the Act”
The act also states that marriages registered under the Act have the same legal status.
Nowhere in the Act does it require a man to seek consent of the “first wife “(she has not choosen a number in any case) when marrying subsequent wives.
As a good ethical loving husband to my current one wife; I served my wife with a notice of intent to marry an additional wife to help her in meeting my conjgal rights which she furiously refused to accept.
She has given me empty rhetoric threats and from my own assessment the threats may amount to something very serious or may just fizzle out (based on past experiences of such threats).
My question is, Can I sue her in court on the basis of her refusal to recognise and adhere to the Kenyan laws and statutes (non adherence to the laws of Kenya) and for her infringement on my rights by refusing to let me and my other wife to a voluntary union? Will it be a criminal or a civil prosecution? and if its civil, can I get a friendly lawyer who is willing to accept and argue my case in court?
If Obiero did it, Who Am I?