It may come as a surprise to many that defaulting on dowry can land you behind bars.
The issue of payment of dowry or gifts as marriage settlement to the bride’s family by a man as a condition for marriage has been contentious in Kenya since a judge referred to it as “wife purchase” rather than a marriage.
A precedence ruling set the stage after a father-in-law sued a man for unpaid dowry. He sought for a herd of cattle, two goats, Kshs 10,000 and two blankets.
During the determination of the case, the court considered the items as debt and ordered the man to pay.
The impact of the ruling is that the court's decision will now be used to determine other cases of a similar nature.
The plaintiff and the judge will ask you, the defendant, if you can pay anything towards the debt discuss a payment plan.
A repayment plan is an agreement with the creditor that you will pay back the debt by paying a set amount every month. The repayment plan may be part of a court order called an “agreement for judgment.”
Violating a court order in Kenya attracts a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding six months, or both.
Followers of African customs argue that the money, livestock and other property presented to the bride’s family is never a purchase but a mere token of appreciation to the bride’s family by the suitor.
However, dowry is not a requirement for marriage according to the constitution.
