First wife’s consent backed in marriage law

Six out of 10 Kenyans would like husbands to seek their first wife’s approval before bringing in a second spouse, according to a new research published by Ipsos Synovate.

The study shows that 58 per cent of Kenyans think that if a man wants to marry a second or an additional wife, the wife or wives he already has should have to agree.

Another 38 per cent (almost four in 10 Kenyans) think that there is no need for the first spouse or spouses to approve, while two per cent are undecided.

As expected, men are split on the need for the first spouse’s approval with 49 per cent saying there was need for approval and 48 per cent saying an approval should not be a requisite. Two per cent are unsure.

Majority of the women (69 per cent) want men to seek an approval against 28 per cent who think otherwise and three per cent who are unsure.

On the religious front, more Muslims (71 per cent) than Christians (58 per cent) want the first wife’s approval to be a prerequisite.

Forty-one per cent of Christians say the approval is unnecessary just like 23 per cent of Muslims. Two and four per cent of Christians and Muslims respectively are not sure of what should happen.

The survey sampled 2,059 respondents living in urban and rural areas between April 28 and May 7 this year.

The findings come weeks after President Uhuru Kenyatta signed the controversial Matrimonial Property Bill 2013 into law.

“Marriage is the voluntary union of a man and a woman, whether in a monogamous or polygamous union,” a statement from the President’s press unit said.

ALL MARRIAGES EQUAL

The initial Bill had given a wife the right to veto the husband’s choice, but male MPs overcame party divisions to push through an amendment that dropped this clause.

When the Bill was passed in March, female Members of Parliament stormed out of the session in fury after a heated debate.

Narok Woman Representative Ms Soipan Tuya protested the passage of the Bill: “At the end of the day, if you are the man of the house, and you choose to bring on another party -- and they may be two or three -- I think it behoves you to be man enough to agree that your wife and family should know.”

However, Federation of Women Lawyers (Fida) executive director Ms Christine Ochieng told CNN that all marriages are now being treated equally.

“All marriages will be issued with marriage certificates, including customary marriages. Before this, customary marriages were treated as inferior. 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.

Earlier this month, the US State Department said it is “still reviewing” the law.

“The United States supports equality and empowerment for women around the world and will continue to work with Kenya to realise fully the gender equality and rights embedded in Kenya’s constitution,” an official told the Nation in an email message.

But family lawyers have argued that the law makes it easy for a person to choose what marriage category would fit them best.

The Act categorises marriages and outlines how each type is celebrated and annulled and whether it allows a man to marry many wives.

“One of the key strengths of the Bill is to allow people to choose what law they want to get married in,” Judy Thongori, a family lawyer who has followed and pushed for the enactment of the new law would tell journalists in August 2013.

Marriages under customary law are potentially polygamous. “So, as a woman if you celebrate your marriage under the customary law, you expect another wife to come into the house without notice being given to you,” said Justice and Legal Affairs Committee chairman Samuel Chepkong’a.

MIDDLE CLASS

Nominated Senator Ms Judith Sijeny and Runyenjes MP Ms Cecily Mbarire had called on President Kenyatta to assent to the Bill saying it will be a pillar to both men and women when signed into law.

“We want President Kenyatta to sign the Bill into law then we shall deal with the few controversial clauses later,” Ms Mbarire said.

However, Mbita MP Ms Millie Odhiambo said that the Bill takes away from a lot of women who are poor as it is mainly for middle income families.

“I have reservations as the Matrimonial Property Bill 2013 has no strong provisions to protect poor women in villages,” she said.

Ms Odhiambo regretted that Africa is socialized in a way that when a married woman buys property it has to be registered under the name of her husband.

“Urban women may refer to sections of the Bill to protect their rights in court but the rural woman may be challenged,” said the MP.