Kenya New Constitution - Spouses enjoy equal rights - Questions still linger on clause

Ambiguity: The provision on equality in marriage leaves no doubt that the Kenyan woman has a lot to celebrate. However, even as women exhale a sigh of relief at this significant victory, the clause on Chapter 45, which states that a married couple will be entitled to “equal rights” and at its dissolution, is ambiguous.

According to family lawyer Judy Thongori, until the Court gives an interpretation of this clause, it is impossible to get a clear picture of what exactly the clause entails. “The clause definitely refers to property and indicates that there will no longer be discrimination in regard to ownership and
allocation, but it needs further interpretation to spell out its actual meaning,” she said.

-- Saturday Nation

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