New marriage legislation in Kenya may bring some order to a mishmash of regulations and tradition that currently govern relationships in this East African nation.

No less than nine laws are applicable in Kenya today, including the African Christian Marriage and Divorce Act, the Hindu Marriage Act, and my personal favorite, the Married Women Property Act of England of 1872, which determines the property rights of spouses, particularly in divorce. Check the date on that legislation!

The role of a dowry in Kenyan society will be weakened, as the Marriage Bill 2007 specifies that it should not affect the validity of a marriage in any way. “Default or part payment of bride price or dowry should not to be considered as a ground for invalidating a marriage,”says law professor Githu Muigai, who headed the commission drafting the new bill.

Couples — or at least the women — in what are known as “come-we-stay” relationships will be pleased with the law, because it will make them the equivalent of common-law marriages. Provincial administrators will be authorized to register come-we-stay couples as man and wife those if they have “stayed” together for at least two years.

Some reformers were surprised that polygamous marriages were given the official stamp of approval But there was one condition: The man must be upfront with his intention to spread “Big Love” before his first marriage.

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