history of family law development in kenya Flashcards
eugen’s cotran - papers - history
hansard report
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
recommendations - 14/12 of them
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)
harmonization or consolidation?
novelty: 9
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
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