Constitutional Law, Family Law, Issue No. 85 - Feb 2023
January 31, 2023
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Equality in marriage and the limits of transformative constitutionalism: The Kenyan Supreme Court’s judgment in Ogentoto vs Ogentoto

The roots of the controversy lie in the patriarchal structures of our world. It is an incontrovertible fact that in most societies, men hold a disproportionate share of immovable property (for the gendered skew in Kenya, see here). The reasons for these are both historical (dating back to times when women were legally barred from […]

Family Law, Issue No. 85 - Feb 2023
January 27, 2023
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Re-imagining the place of parental consent in Customary, Hindu, and Islamic marriages in Kenya

In Kenya, an adult’s right, among others, is to marry a person of the opposite sex. The marriage must be based on the free consent of the parties.[1] The right to marriage is also internationally recognized.[2] As a culturally diverse society, parties to an intended marriage are free to marry under different systems but must […]