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Polygamy Bill poses dilemma for Kenya

“As President Kenyatta makes up his mind on what to do with the Bill, we would want to urge him to put a premium on the place of family in national stability,” the influential Standard newspaper also wrote in an editorial that argued Kenya’s social fabric could be undone.

But Samuel Chepkonga, chairman of the Parliamentary Committee on Justice and Legal Affairs and a supporter of the Bill, said the legislation merely acknowledges something that is already widespread.

“The Bill consolidates all marriage types. It’s intended to bring civil law, where a man is only allowed one wife, into line with customary law, where some cultures allow multiple partners,” he told AFP.

Judy Thongori, a prominent family lawyer, agreed that Kenya need to provide a modern legal framework for traditional practices – whether among Kenya’s many tribes or its Muslim community, which make up 20 percent of the population.

“One big difference is that the new Bill provides recognition and registration of customary unions, and we cannot wish away these customary marriages,” she said.

Margaret Mutua, a 27-year-old university graduate, said that regardless of the legislation, most Kenyan women accepted their husbands would be looking elsewhere.

“I don’t really care much,” she said, “because either way our men are likely to marry more than one wife, whether legally or not.”

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