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Likewise, the Kamba people recognise iweto marriages which are "woman-to-woman union[s] sanctioned by Kamba customary law". [7] The Kipsigis call this institution ketunchi toloch (literally "one marries for support"), with the female "husband" observing the same betrothal rites as a man seeking a wife. [8]
Marriage Bill 2007 was originally proposed in 1981, though was condemned by politicians for granting women "too many rights", such as the right to specify at the time of the marriage whether or not her husband may choose to take future wives. Most countries allowing polygamous marriages allow such a requirement. Subsequently, the bill was voted ...
The case involved the tension between customary law and common law in modern-day Kenya in the case of an inter-tribal union. The various legal hearings this case stretched over more than five months and the final verdict suggested that a Kenyan African was presumed to adhere to the customs of the tribe they were born into unless they clearly ...
This includes marriages performed in front of a registrar, bypassing the religious and traditional aspects of marriage entirely and instead opting for a simplified process which still provides the legal benefits of marriage. Some African couples are opting to bypass the legal marriage status entirely and alternatively having irregular unions as ...
Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.
However, the employment of customary law differs greatly between nations and this is based on conditions for human rights and conflicts with the western laws employed. For example, Kenya has abolished its customary criminal laws, retaining only offenses surrounding marriage relations, [28] due to inconsistencies with the British common law ...
In Somalia, levirate marriage is practiced and is called Dumaal, and provisions are made under Somali customary law or Xeer with regard to bride price (yarad). The widow is usually given a choice in the matter.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBTQ residents.[4] [5] Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices (termed "gross indecency") are a felony under section 165 of the same statute, punishable by five years' imprisonment.