The Kenyan cabinet is planning on introducing a bill that will seek to set the record straight when it comes to marriages. People who cohabit under come-we-stay arrangements for up to two years will be considered married under the law. Forced wife inheritance will be outlawed. Marriage while under the age of 18 will be considered illegal. The breadwinner of the family will be obligated under the law to take care of the spouse earning less.
Other positives include the fact that both spouses will own property 50-50. Husbands (or wives) cannot kick their spouses out of the house without a court order. And second wives/mistresses are not entitled to any property they found their man with. In most respects the bill seems like a step in the right direction.
But I have (for now at least) two problems with it. Firstly, by allowing for come we stay arrangements, the bill does not go far enough in strengthening the institution of marriage. It would have been better if it had some incentive (a tax break for instance or less maternity costs for those that don’t pay taxes – and there are loads of them) for people who want to live together to register their marriage. They don’t have to go to church or anything (although this would my preferred way of doing things because of the added advantage of social monitoring of church marriages), just register with the DC or something.This way Kenyan women will have the law on their side against cheating husbands who do not want to fulfill their obligations and it makes it a lot easier to keep records for households for planning purposes.
Secondly, the section on customary polygamy should be thrown out. I think that Kenyan men have for far too long exploited this loophole to give women a raw deal. The requirement that women consent in writing to polygamy will not change anything. As long as they are financially dependent on their husbands women will have no choice but to consent to polygamy – for their sake and perhaps more importantly, for the sake of their children. Plus this provision will be exploited by men who want to have extra-marital affairs – which is contributing a great deal to the spread of HIV among married couples. Infidelity should be outlawed, with very stiff penalties (too bad the Kenyan parliament is male-dominated).
I am a believer in the truism that laws should incremental and a reflection of the culture of the people at any given time. At the same time however I think that the government should have a normative bias towards registered monogamous marriages among non-Muslim Kenyans.
kenopalo.com 
Polygamy is necessary because ‘one man one wife’ is an ideal that is impossible due to gender imbalances. Look at the plight of unmarried women.
Polygamy is the only system of marriage that furnishes every woman who wishes to marry, a husband and a home; and gives every man, who is willing to live with its challenges, an opportunity of expending his abundant vitality in an honest way.
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God created a man and a woman and in real sense this is monogamy. One man one wife is the best marriage that both parties can enjoy if they walk talk the same. The problem today is that men have left the right ways even in polygamy they ain’t satisfied with what they have,see and get this you can bear me witness has led to rampant spread of HIV/AIDS, MURDER and other unbearable things. God was not a fool when he put one man one woman together. Plagues will never stop befalling people in this world because they have left the truth and took their own way all i can say the number of people who live in polygamy now are the most unhappy in this world than the monogamy families even in the times of our fellow Kenyan who passed away “Akuku Danger” let no one lie to you there is happiness and freedom in polygamy.
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I think this is a good start for kenya.dont mistake me,am not proposing of the bills provision but my assertion is that we need not start concluding on the bills merits and demerits but let us give it a second thought ,analyze it critically .am one for instance opposed to its provision like legalising ‘come we stay’ after 2years period! God forbid and if i don,t want to get into a married! Its my take that the bill needs a critical analysis before it is made law.marriage property shared on a 50,50 basis !
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