New marriage Act will be good for the family

Marriages contracted in a foreign country are also recognised provided they are carried out in accordance with the law of that other country.

THE BILL ALSO MAKES PROVISION FOR Islamic marriages and recognises marriages contracted in the manner recognised by Islam or by any school or sect of that faith. It also recognises Hindu marriages and marriages that are celebrated according to the rites of any faith the minister may authorise.

The Bill also sets out the rights responsibilities of marriage. From the media reports in the last two weeks, one of the sensitive responsibilities and rights the Bill covers is maintenance.

The Bill provides that where the parties are separated, either spouse shall maintain the other. In the current laws, the husband has a duty to maintain a needy wife but there is no corresponding duty for the wife to maintain a needy husband.

Ms Thongori is an advocate in Nairobi (judyt@wananchi.com)