Change MPs’ behaviour, not laws

Our succession and marriage laws appear made by men for men. It is not a surprise, therefore, that amendment of the Law of Succession Act 2019 is being spearheaded by a male MP to protect his philandering colleagues.

But if there are laws that need reviewing first, they are those that relate to marriage. The Marriage Act 2014 is one hell of contradictions and deeply laced with injustice and abuse of women. It has been split into many strands without consideration of their impact on society, just to appease ethnic groups and religious communities. That has left some women in dire straits.

As the Kenyan laws stand, marriage can be conducted in four different ways: Christian, Muslim, customary and civil ways. Apart from the Christian and civil marriage, the others give wiggle room for marrying more than one wife; that’s where problems started for promiscuous men.

Customary and Islam’s Shari’a Law allow for men to marry several women. These two have been used by men to abuse women for so long that their repeal is long overdue. The marriage laws are not uniform and lead to the tension observed in succession disputes involving multiple ‘wives’.

Marriage Act

The Marriage Act confusion feeds into the many succession battles in court, pitting women against one another, as they fight to inherit their dead husband’s wealth. Even the requirement that all marriages be registered at the Attorney-General’s office might not streamline succession laws amid multi-pronged marriage systems. Our fake certification culture is bound to affect the marriage register too.

Customary law stands on a weak foundation that is problematic for spouses. It is not a surprise that mistresses prefer it to prove their marriage claim. Its place is threatened as village communities modernise. The days when dowry was paid under a mugumo tree are numbered.

The recent attempt by some male MPs at tweaking the succession laws to keep their concubines away from their estate is nothing short of abuse of power. They assume the amendment will offer them cover, but that is wishful thinking. Once a child is born into a union, legal or not, it qualifies for upkeep once DNA is confirmed.

The male MPs are just trying to evade responsibility. Blaming the female party also amounts to neglect of both the mother and at least the child involved. In some cases, the male party concerned will have neglected the first family to pursue a relationship with a mistress. It’s behaviour that is telling of our patriarchal system, which still believes women are there to be used and discarded at a man’s pleasure.

Amending laws that lead to impunity by leaders towards women is abuse of power by Parliament. An MP’s sexual crisis is not a national disaster to demand a law change to save him from bedroom woes.

Creating secret family

The male MPs are indirectly saying they played no part in creating a secret family and blaming the mistresses, the so-called “mpango wa kando”. It takes two to tango or make babies — surrogacy and test tube ones included — and both parties should take equal responsibility and blame.

The emergency laws that are needed are on child protection to ensure that girls are kept safe at home and in school. The recent increase in cases of teenage pregnancy should have concerned the House enough to enact laws that would make it difficult for the culpable men to get away with it. Making laws to protect irresponsible MPs proves that Parliament does not know its responsibility to the society, which it’s mandated to serve.

There is a need to create a safe environment for girls and young women at risk of sexual abuse, and Parliament should be concerning itself in doing so. They should also be thinking of offering support to the teenage mothers and their children to avert the ticking time bomb of proliferation of homeless people in the country.

Science has made it easier to plan families and stop unwanted pregnancies. It is, therefore, irresponsible of married male MPs to have unprotected sex. Condoms were designed to stop pregnancies and minimise the risk of contracting STDs.

Our male leaders can save themselves the scramble for their wealth by taking responsibility and using condoms or going for ‘the snitch’ (vasectomy) after having the children they need with their legal wives. That is a simple surgery that can save a family a lot of bother once the man dies.

If male MPs cannot stop themselves from philandering, they must prepare to pay up ‘where’ they mess up. They should blame their greed for sex and not mistresses.

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Given the rise in Covid-19 cases and deaths in the country, coupled with deadly new variants in other parts of the world, it’s important that anybody with the opportunity to do so urge their fellow citizens to adhere to the government’s safety protocols, including lockdown and curfew.

Let us social-distance, mask up and frequently sanitise or wash hands. Please be responsible for others, not just yourself.

[email protected]. @kdiguyo