MPs oppose Bill on marriage dissolution

Parliament plenary, June 15, 2023. [Elvis Ogina, Standard]

The decree should also not affect the competence of either the parties as a witness in respect of anything done or omitted to be done, or any privilege in respect of communications between them during the marriage.

It should also not relieve either party of any debt properly incurred on behalf of the other during the marriage.

"The innocent party is entitled to damages where the court nullifies a decree of divorce," adds the Bill sponsored by Suna West MP Peter Masara.

Laikipia Woman Representative Jane Kagiri however opposed the Bill, terming it unconstitutional.

"When you have a Marriage Amendment Bill that is going to allow for the dissolution of marriage after one year or based on mutual consent, I think that's an affront to our Constitution and something that we should not allow," stated Kagiri.

"Should we adopt this into law, foreigners may take advantage of young Kenyan girls who they will use and dump. We will be supporting fictitious marriages which will be used by many as a means of gaining citizenship," she added.

Majority Leader Kimani Ichung'wah called on the speaker to either suspend the Bill or for the mover to withdraw it and amendments made on the same.

"On the face of it, it's clear that this Bill will go contrary to the provisions of Article 45 of the Constitution...I don't know if this Bill even found its way to the plenary. This is a Bill that should not have gone through the Justice and Legal affairs committee," he said.

Minority Leader Opiyo Wandayi said: "The speaker needs to give a considered ruling given the claims of the Bill being unconstitutional."

Speaker Moses Wetang'ula is now expected to give a ruling on the Bill in a fortnight.