history of family law development in kenya Flashcards

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1
Q

eugen’s cotran - papers - history

hansard report

A

1967 - 2 taskforces - importance on law of marriage and divorce
1979 - 3 attempts to enact bill but failed cause they said it gave to many rights to women
1982: permannt law reofmr commission set up =. nothing done as a result
1993: AG appointed a task force to review the laws relating to women in kenya.
2007- marriage bill was spearhead by the kenya law recorm commision and again, nothing happen
2-013: bill of marriage act
2014: marriage act. consolidatio

hansard report - 9 things
issue with Islamic law
polygamy
arrangement to live apart

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2
Q

recommendations - 14/12 of them

A

rec 2 and 4: minimum age of 18 for men and 16 for women

rec 7 - prohibited relations (s.10) rec 8 - nullity (s.11)

rec 10 - polygamy to be added to definition of marriage - s.3

rec 15 - not allowed for women to object to subsequent wife

rec 19- consent be essential for validity

rec 31- failure to give notice not to invalidate marriage - s.12

rec 47 - all marriages to be registered s.53- 56

rec 48 - validity not to depend on registration - s.12

rec 112: said we should limit divorce to 3 years but break in exceptional circumstances.

rec 114- single ground for divorce - IRrriterivale breakdown.

rec 118 + 119- bars to divorce to be done away with

rec 126 - single system of registering marriages - part ix (9)

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3
Q

harmonization or consolidation?

novelty: 9

A

meaning of C is draw together
meaning of H is to replace

s.10 - harmonization because it prohibited degrees were dependent on what types of marriage you contrcat e.g islamic is exempted for cousins

types of marriages and how they should be contracted and dissolutioned - equality, protection.

general provisions applicable to all

age to marry

marriage definition

right of widow and widows - novelty s.15

irritrivebale breakdown - novelty

men getting spousal maintenance - s.77

Adr

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