Kenyan MPs Oppose Bill on Marriage Dissolution
A controversial Bill has been introduced in the National Assembly that would allow couples to annul their marriage within a year of their wedding by mutual consent.
The proposal has caused a stir among MPs from different political divides who argue that it could potentially contribute to the dissolution of marriages. The Bill aims to amend the existing legislation and legalize "mutual separation" meaning that couples can agree to live separately as husband and wife, regardless of whether they reside under the same roof. The grounds for seeking a divorce decree would include the irretrievable breakdown of the marriage, mutual separation for at least a year before the petition's submission, and mutual agreement to dissolve the marriage.
“The court may grant a decree for the divorce if the petition is made after at least one year of the celebration of the marriage, the parties jointly present the petition, both parties freely give consent to the divorce in writing and both parties are present in person at the hearing of the petition,” reads the Bill.
In the event that a party makes an application, the court holds the power to cancel a divorce decree on the grounds of manipulation, falsehoods, or undue influence. If a matrimonial union is nullified by way of absolute decree, then the spouse shall never be deemed to have been lawfully married. It is also important to note that a divorce decree does not retroactively legalize anything done unlawfully through the span of the marriage, nor does it erase any misconduct undertaken during it.
The decree also does not affect the competence of either party as a witness or any privilege in respect of communications during the marriage. Furthermore, it does not relieve either party of any debt incurred on behalf of the other during the marriage. The Majority Leader of the National Assembly Kimani Ichung'wah calls for the suspension or withdrawal of the Bill and its amendments, while the Minority Leader Opiyo Wandayi requests a ruling on the constitutionality of the Bill from the Speaker, who is expected to give a ruling in two weeks. The minority leader also wants the bill to undergo public participation.