Addressing gender inequality: a critique of the ground for annulment under Section 73(1)(f) of the Marriage Act 2014 of Kenya
Date
2024
Authors
Juma, V. J.
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Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
In Kenya, laws that regulate marriage and divorce stem primarily from the Marriage Act 2014. The Marriage (Matrimonial Proceedings) Rules 2020 serve as subsidiary legislation, documenting procedural requirements. The specific area of concern is the ground of annulment of marriage under Section 73(1) (f) of the Marriage 2014. The gap in this provision becomes apparent as it allows a party to a marriage to annul the marriage if, at the time of the union and without the husband’s knowledge, the wife was pregnant and he is not responsible for the pregnancy. However, it lacks a provision for a scenario where the husband fathers a child with another woman at the time of marriage without his wife’s knowledge. The paper is quick to recognize the need for such provision as section 73(1)(f) of the Marriage Act however, the absence of an equivalent provision for wives presents as discriminatory, violating the constitutional principle of equality and non-discrimination under Article 27of the Constitution of Kenya2010. The flawed structure of Section 73(1) (f) of the Marriage Act perpetuates a system of gender-based discrimination as well as limits the legal recourse for women within the marriage institution. This paper aims to critique the constitutionality of the ground for annulment under Section 73(1) (f) of the Marriage Act and thereafter propose potential reforms to align it with constitutional principles of equality and non- discrimination as well as promote equal treatment for both genders within the legal system in Kenya.
Description
Full - text undergraduate research project
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Citation
Juma, V. J. (2024). Addressing gender inequality: A critique of the ground for annulment under Section 73(1)(f) of the Marriage Act 2014 of Kenya [Strathmore University]. http://hdl.handle.net/11071/15876