An argument for the continued validity of woman-to-woman marriages in post-2010 Kenya

Show simple item record Kareithi, Monicah Wanjiru Viljoen, Frans 2020-05-04T05:40:38Z 2020-05-04T05:40:38Z 2019-10
dc.description This article is based on work done as part of the author’s doctoral thesis: M Kareithi A Historical-Legal Analysis of Woman-to-Woman Marriage in Kenya (2018), University of Pretoria), completed under the supervision of Frans Viljoen. ( en_ZA
dc.description.abstract Woman-to-woman marriage is a form of customary marriage between two women, predominantly found in Africa. These customary marriages have been and to some extent still are conducted by various communities across Africa, including in Kenya. Communities such as the Kamba, Kisii, Nandi, Kikuyu and Kuria practise woman-to-woman marriages for a variety of reasons. The legal status of woman-to-woman marriages in Kenya is uncertain due to the provisions of article 45(2) of Kenya's Constitution of 2010 and section 3(1) of the Marriage Act of 2014, which stipulate that adults only have the right to marry persons of the opposite sex. However, a holistic and purposive reading of the constitution, taking into consideration its recognition of culture and the protection of children as important values in Kenyan society, and considering the historical context within which the provisions concerning same-sex marriages were included, leads to the conclusion that these provisions were not intended to proscribe the cultural practice of woman-to-woman marriage in Kenya. The constitutional validity of woman-to-woman marriage opens the door to a more expansive and fluid understanding of “family” in Kenya. en_ZA
dc.description.department Centre for Human Rights en_ZA
dc.description.librarian hj2020 en_ZA
dc.description.uri en_ZA
dc.identifier.citation Kareithi, M. & Viljoen, F. 2019, 'An argument for the continued validity of woman-to-woman marriages in post-2010 Kenya', Journal of African Law, vol. 63, no. 3, pp 303-328. en_ZA
dc.identifier.issn 0021-8553 (print)
dc.identifier.issn 1464-3731 (online)
dc.identifier.issn 10.1017/S0021855319000263
dc.language.iso en en_ZA
dc.publisher Cambridge University Press en_ZA
dc.rights © SOAS, University of London 2019 en_ZA
dc.subject Woman-to-woman marriage en_ZA
dc.subject African customary law en_ZA
dc.subject Constitutional interpretation en_ZA
dc.subject Legal plurality en_ZA
dc.subject Same-sex marriage en_ZA
dc.title An argument for the continued validity of woman-to-woman marriages in post-2010 Kenya en_ZA
dc.type Postprint Article en_ZA

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