Advantages of consolidating marriage laws in kenya

Posted by / 25-Jun-2020 22:22

Imposing statutory protection upon customary marriages will not make dissolution of such marriages any more complicated than they currently are.

The Local Court justices and some chiefs will continue to have the power to hear and determine questions about such marriages.

Customary marriages are contracted using Zambian customary law that lacks statutory protection.

Zambia’s marriage and customary Acts should be reformed so as to bring customary marriages within their ambit.

The model in this regard that I would suggest is the Kenyan model.

Giving customary marriages statutory recognition (like Kenyans did) does not mean that marriages contracted in the church will now be open to polygamy. Kenyan laws did not make Christian marriages less Christian, it only made customary marriages more legal (as in, be in the statutory books).

Simply put: a man was no more likely to marry more wives after the new marriage law than before. Over 90% of civil and family disputes in Zambia are resolved by the Zambian local courts and yet the Zambian local courts are the least funded of all courts in Zambia.

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Doing this would make it much fairer for women who get the blunt of our current unreasonable attitudes.