In the present day, marriage in Kenya is considered a public affair. Sometimes, the flashy weddings with classy reception and world tour honeymoons only end in court weeks or a few months later.
The Law Society of Kenya has, however, proposed a new law to Attorney General Paul Kihara to stop couples who are in a marriage for the fun of it.
The proposal seeks to make it mandatory for couples to spend at least three years in a marital union before they can seek divorce.
In addition, before the husband and wife part ways, they will be required to seek Alternative Dispute Resolutions (ADR) such as mediation, arbitration and can only seek divorce as the final option after all else fails.
“There will be an introduction of a three-year time limit before a divorce can be filed. Parties seeking divorce have to provide evidence of a failed mediation process before filing a divorce,” reads the proposed amendment published by the AG.
Reports by People Daily indicate that the Registrar General Mary Njuya highlighted that the proposals arose from concerns raised by stakeholders regarding the implementation of Christian marriage laws.
She further explained that as much as the current Marriage Act recognises divorce, it does not make it a mandatory process for the parties because divorce is envisioned in the Act as a last resort.
According to Njuya, the motivation behind the proposal of this new law is to restore order in marriages as there has been an increase in divorce cases, some arising from marriages that only last few days after they have been solemnized. This is the government’s way of protecting children, property and the family institution.
In a phone interview with the publication, Fr Paul Juma of Bungoma Catholic diocese highlighted, “We have witnessed cases where couples divorce within a week after hosting very expensive weddings. Marriages have become commercialized and lost meaning. We are happy that at long last the government has seen the sense to streamline it and make it recognizable.”
LSK chief executive Mercy Wambua stated that they will give their views to the AG on contentious issues in the proposed law.
The proposed amendment will also not leave the clergy officiating Christian marriages behind as they will be required to adhere to a raft of rules that include obtaining a certificate of good conduct from the Directorate of Criminal Investigations (DCI) and to possess recognized qualifications before they are licensed to join couples.
They will also be required to renew their licenses every five years. Consequently, they will also be needed to file returns of the certificate within 60 days of celebrating a marriage, failure to which will attract a fine of Ksh1,000.
