Marriage Bill – gays too can now marry!

The chickens are coming home to roost. After the President signed the marriage bill on the 29^th of April, it is now the law of the land. The law has many obvious advantages including consolidating all the different laws relating to marriage into one and treating all marriages equally. But it also has a number of unintended consequences.

1. First, I think it puts to an abrupt stop the unmelodious voices we have heard in the past defining marriage as “one man and one woman.”  The Christians may define their marriages as such, but their definition is no longer the only valid definition.
2. Another unanticipated outcome of the marriage bill is that “side-dishes aka small house aka mpango wa kando aka chips funga” are now demanding legal recognition. And why not, they are now provided for in law. The men who cheered at first, at being allowed to marry more than one wife, now have to search for excuses for not giving their “mpangos” the all-important certificates.

Gays too may become unanticipated beneficiaries of the new law. Here is how:

1. The Adam and Eve story does not hold any water. Our marriage law now allows for Adam, Eve and Rosemary – this means this law is no longer crafted along the Genesis creation Narrative. 
2. Section 37 is quite dicey because the law now recognizes:

“A marriage celebrated in a foreign country otherwise than in accordance with section 36 is valid if - 

• (a) it was contracted in accordance with law of that country;
• (b) at the time of the marriage,  the parties had the capacity to marry under the law of that country;
• (c) either of the parties is at the time of the marriage domiciled in Kenya, both parties had capacity to marry under this Act; and
• (d) if the Director is satisfied that the parties have obtained a certificate of no impediment if the law of that country requires the parties to an intended marriage to obtain such a certificate.

I am no lawyer, but I guess, if gays go out there and get legally married in accordance to the laws of a country that recognizes same-sex marriages...... True there is the “c” but I think, one can live to fight it in court.

So all you who have been waiting – go ye and marry!