Polygamy, the practice of having multiple spouses simultaneously, is deeply ingrained in the cultural and traditional fabric of many societies worldwide. Polygamy in Kenya is enshrined in law, allowing men to have multiple spouses.
However, bigamy (where a woman gets married to a person while already married to another person) is forbidden in Kenya. Despite bigamy being an offense, reports indicate that cases increased in Kenya during the Covid-19 pandemic period.
In Kenya, polygamous unions are particularly prevalent, with approximately 1.5 million Kenyans – accounting for 10% of the married population – involved in polygamous marriages as of 2019.
Companionship is something that every human yearns for. However, there can also be toxicity in too much companionship.
In this article, we shall therefore explore the pros and cons of polygamy.
Polygamy in Kenya
Polygamy holds a significant place in Kenyan society, especially among traditional communities, and the Muslim population. It is viewed as a normative practice deeply rooted in cultural and religious customs, shaping family structures and social dynamics across the country.
Legislation Surrounding Polygamy in Kenya
Despite its cultural acceptance, polygamy in Kenya has faced legal scrutiny and debate over the years.
The proposed Marriage Bill 2007, aimed at regulating marital unions, faced opposition, primarily from politicians who criticized its provisions granting women extensive rights, such as the ability to veto their husband’s decision to take additional wives.
Kenyan male members of parliament however overcame strong political party divisions and united to push through a text that dropped this clause.
In March 2014, Kenya’s Parliament then passed the bill allowing men to marry multiple wives. This move sparked controversy and highlighted the gender disparities within the legislative process, with female members of parliament staging protests against the bill’s passage.
Despite the opposition by female legislators, the Bill was made into legislation on 01 May 2014.
The then Kenyan President, Uhuru Kenyatta described the act as one “which consolidates various laws relating to marriage – provides procedures for separation and divorce. It also regulates the custody and maintenance of children in the event of separation and divorce”.
The act also defines marriage as “the voluntary union of a man and a woman whether in a monogamous or polygamous union registered under the Act”.
Pros of Polygamy in Kenya
Polygamous marriages in Kenya are often cited for their potential economic benefits, particularly for women and children.
In some cases, additional wives contribute to household income generation, leading to improved financial stability for the family unit. By being married to a man with multiple wives, a woman may have access to more resources and support than she would if she were married to a man with only one wife.
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Moreover, polygamy holds significant cultural significance, fostering social cohesion and community bonds within traditional settings. Polygamy can also provide a sense of security for women and children. In many societies, men are the primary providers for their families.
Many however argue that, to enjoy the benefits of polygamy, you must be wealthy and able to command respect. A good case example is Akuku Danger, Kenya’s grandmaster of seduction and prominent polygamist.
Akuku Danger had 130 wives and over 200 children [the exact number of children is still a mystery]. Despite his large family, he was reputed to be a disciplinarian who ruled his family with an iron fist. He also knew all his children by name and made a roster on when to spend in which house.
Cons of Polygamy in Kenya
However, polygamy in Kenya also comes with its share of challenges.
Economic strains and poverty are common among polygamous families, with resources being stretched thin across multiple households. Emotional and psychological tolls on women and children, stemming from feelings of neglect and competition for attention, are also prevalent in such arrangements.
Additionally, legal disputes over inheritance and familial assets often arise, leading to protracted court battles and familial discord.
Real-life cases shed light on the complexities of polygamous marriages in Kenya. In instances such as former President Moi’s daughter-in-law decrying being sidelined in inheritance despite claims she was legally married as the third wife to Jonathan Moi.
Similarly, cases like that of the woman claiming to have a child with marathon star Kiptum and the High Court ordering a forensic examination of Mzee Kibor’s contested will underscore the complexities surrounding inheritance and familial disputes in polygamous settings, especially after the death of the man.
In some polygamous settings, jealousy among wives can escalate to extreme measures within the family structure. Jealous wives may conspire to manipulate the husband into abandoning his first wives, transferring all property and resources to the last, often younger wife, in a bid to secure their own position as the sole inheritor.
In tragic instances, this jealousy can culminate in violence. Cases have been reported of co-wives resorting to extreme measures such as harming or even killing the husband. In extreme cases they will even get rid of the “other” wife to eliminate competition.
Conclusion
In conclusion, polygamy remains a contentious issue in Kenya, balancing cultural traditions with modern legal frameworks and social realities. While proponents argue for its cultural significance and economic benefits, critics highlight its detrimental effects on women’s rights, familial well-being, and legal complexities.
No doubt Kenya will continue to navigate the evolving landscape of marriage laws and societal norms. However, the debate surrounding polygamy will continue to spark discussions on gender equality, legal reforms, and cultural preservation.
FAQs (Frequently Asked Questions)
- Is polygamy legal in Kenya?
- Yes, polygamy is legal in Kenya, with legislation passed in 2014 allowing men to marry multiple wives.
- Are there any benefits to polygamy in Kenya?
- Some argue that polygamous unions provide economic stability for women and children, as well as cultural significance within traditional communities.
- What are the challenges associated with polygamy in Kenya?
- Challenges include financial strains, emotional turmoil, and legal disputes over inheritance and familial assets.
- How do inheritance disputes play out in polygamous marriages?
- Inheritance disputes in polygamous marriages often lead to protracted legal battles, as seen in several high-profile cases in Kenya.
- What efforts are being made to address the complexities of polygamy in Kenya?
- Efforts include ongoing discussions on legal reforms, gender equality initiatives, and community-based interventions aimed at supporting polygamous families.
