Parliament passage of Marriage Bill elicits mixed reactions
Kenya Disability Parliamentary Association (KEDIPA) members nominated senator Godliver Omondi (left), Nyandarua women representative Wanjiku Muhia (centre) and nominated MP Isaac Mwaura during a press conference at parliament buildings on March 21 2014. They expressed concern over the marriage bill in regards to mentally ill persons. Photo/PHOEBE OKALL
What you need to know:
- The provision to seek compensation...should have remained but it doesn’t kill the Bill”
Judy Thongori
MPs who represent and people with disabilities on Friday said the Marriage Bill passed by their colleagues on Thursday night was unconstitutional and unfair to women and the disabled.
Isaac Mwaura (Nominated, ODM), Wanjiku Muhia (Nyandarua County, TNA) and Godliver Omondi (Nominated Senator, ODM) said their colleagues swept aside a suggestion to assist people with mental disabilities.
“It is evident that Parliament is very hostile to marginalised groups,” said Mr Mwaura.
He complained of a provision included in the Bill that would prevent someone suffering from a mental condition, whether permanent or temporary, from consenting to marriage.
Mr Mwaura’s proposal that the mental condition be determined by either a medical board or the National Council for Persons with Disabilities was rejected on account that it would complicate the process of getting married.
He said people with Bipolar Mood Disorder, for example were in a mental condition that allowed them to give consent if supported in decision-making.
“Parliament erred in not qualifying what a mental condition was and stigmatising those with it,” said Mr Mwaura.
He said he observed a lot of chauvinism and ignorance yet this was the same Parliament that was arguing that representation needed to be reduced.
However, according to renowned family lawyer Judy Thongori, the bulk of the Bill is good in spite of the changes introduced by MPs.
“In independent Kenya, we have never sat to discuss marriage. We can improve the Bill with time but let’s first celebrate the fact that we got here. Actually, I want to congratulate the MPs,” she said.
When the Bill was presented to the last Parliament, the Justice and Legal Affairs Committee wanted it combined with the Matrimonial Property Bill, which was passed separately and is now law.
Ms Thongori said the provision on polygamy only required that an existing wife be notified if a co-wife was on the way.
She said a woman entering a customary marriage should be aware that it was potentially polygamous.
“The provision to seek compensation from a broken promise to marry should have remained but it doesn’t kill the Bill,” she said.
The Supreme Council of Kenya Muslims (Supkem) said it was opposed to some sections of the Bill.
Supkem’s secretary general Adan Wachu said Islamic law was clear marriage issues like polygamy, divorce and inheritance and accused Parliament of rushing the Bill.
