from Judy Miriga

Folks,

Changing life style and tradition of culture to conform with present generation of lifestyle in the millenium does not mean abandoning Traditional Values……

There were no weddings in those days, but dowry for bride price was……It now should just be retained as a symbolic gesture to seal and bond the marriage. “Mkosa mila ni mtumwa”…….Slave masters have a passion to change and tranform a slave to fit in their lifestyle and design………Watch out……..This is a conspiracy theory sired…..

We are on the road driving towards CHANGE, and passionate people must focus on how they are going to achieve what they believe in.

However, now that there are common place marriage through Church to perform and seal the Holy Matrimony, again, part of a Bride Price for symbolic gesture to appease the community’s spirit and avoid the curse of generation spirit, one cannot avoid to symbolize dowry as a Bride price not on monitary value of buying the bride.

However, when a marriage is done traditionally or over wedding, it is oath taking bond, given under oath……But incase there are unavoidable reasons that the two has to part ways, again, the two must seek legal redress for separation before they can commit to get married elsewhere…….Law is Law, there is no round about it, and Law must be obeyed.

It is against the law to just walk away from the marriage before legally separating as, settlement for divorce must be completed before one is free to go their ways as they freely wish to get engaged sexually away from their bond of marriage.

Consequently, if anyone walks out and gets married elsewhere in a binding marriage, before an official legalized divorce has been performed, commits Adultry, a crime punishable by the Law of land.

If the meaning of marriage cannot be protected and preserved by any Government worth its salt, then that Government has no business representing public interests……I do not see why there is a controversy about marriage……..The union between a man and a woman is clear-cut and there is no debate about it…….those who choose otherwise have no reason basis to cause conflict of interest or create a controversy for the same. But if Slave Master want to swagger the wife and husband to enjoy loose ended life to sample variety left and right, have a reason to build scapegoating……..

CHUNGA…..!

A domestic home (family), is the backbone of a community; a community is the backbone and strength of a Nation. A Nations Partnership for Unity of purpose with other Nations of the world, harmonizes conducive environment for peaceful coexistance sharing diverse interests of purpose for greater prospects in meeting challenges and competition for improved social lifestyle prospects…….and as a matter of concern, Trading is Link shared in Business of GIVE and TAKE…….You give what others do not have in exchange to get things in return to acquire things one do not have……..Long ago it was known as BARTER TRADING……the reason monitory (Money) exchange was created as a valuable means buy and sell commodities or services sold or rendered.

As a matter of fact, Government have a duty to preserve and protect its people’s security and interest, nurturing peaceful coexistance lifestyle with its Nation from destruction and against conflicting forces of diverse interest that could interfere with its peace and cultural values, honor and virtues, but provide negotiable atmosphere where its people and Nation can grow and prosper as they open doors and focus to meet other National communities.

There must be limitation of freedom, and Government has a duty to help assist regulate these freedom to make sure people do not break the laws, to avoid rules of the Jungle.

People go to school to get an education to do away with the rules of the Jungle. I expect a more sober debate from Policy makers or otherwise, it is time they must be shown the doors, if they cannot remember through which door they got to Parliament.

When Leadership and Integrity is lacking, this is what we get…….instead of the mind doing the business of thinking, it is in the business of lower industrial area of the bottom……..!

To have a right is not a guarantee to break laws, and laws and policy must compliment human values, dignity and virtues, without which, it is not the Law or Policy of the Land.

Thank you all, and have fun as you enjoy your weekends while celebrating Southern Sudan Independence.

Congratulation and Cheers to the people of South Sudan, and may God give Salva Kiir with all its leaders as well as all people of South Sudan, wisdom and strength to improve lives under Peace, Love and Unity…

Cheers everybody…!

Judy Miriga
Diaspora Spokesperson
Executive Director
Confederation Council Foundation for Africa Inc.,
USA
http://socioeconomicforum50.blogspot.com

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From: Jagem K’Onyiego

Oduya Eric,

Stop Panicking!! For sometime now, I have been following your postings and almost making a false conclusion that you are a very cool guy who can defend your territory well. Oooh!! Was I mistaken? Now, you just read this Bill and you are sounding like you have gotten scared out of your wits. No, No Brother; LAZIMA UKAE NGUMU KAMA GUMO.

During the promulgation of the New Constitution, he of the Kitendawili, aka “Dumakwiri” (Odharia in some Lingwa) quiped that “Sasa ndiyo Kazi inaanza”. I hope you did not forget this.

This new Constitution you must remember is meant to protect you and me from being torn to shreds by Vultures and Hyenas who swoop on things and want to eat more than their fill particularly where they have not Killed the pray.

Imagine for a moment that, if you want to marry, today, Ladies parents can give some “unmeetable” demands. It is as though they are selling their daughters to some Oil magnate residing in the Baltic sea, or somewhere in Siberia, where they will never ever meet their daughter again; ever!!!.

The surprising thing is that once they are paid money, I say pay because it is no longer Dowry, they still keep seeing their daughter and almost every end Month they continue to demand Money Money and more Money. This is not healthy for the relationship of the newly weds. Sooner or later it will degenerate and turn from Love to Hatred.

The banning of this “Selling price” for daughters coundn’t have come at a better time. Do not worry that if, say, you have daughters, like me and Miguna Miguna, that they will marry off and leave you a poor man. This notion is misplaced. Daughters will always come back to help their Parents, since they have that motherly instinct.

As for men the Bill is a Master piece for now, though it can be refined further. This is what I have been talking about here in the forum as to the Ligalization process of my “Favourite” Traditional Practise,….Polygamy. By the way don’t you think that Okapu Janeko had heads up, when he brought up this topic. Janeko really has some crazy paraphanelia in that Okapu of his.

Jagem

From: Ericson Oduya

Good People,

We are finished; this bill will weaken the marriage institution and if we are not careful the family values will be eroded to nothing. Could we have Maendeleo ya Wanawake standing up to be counted.

http://www.the-star.co.ke/national/national/30816-bill-outlaws-dowry-allows-polygamy

Warm Regards,
Eric.

Bill On Dowry, Polygamy And ‘Come-We-Stay’
Samuel Otieno And Dorothy Ruto

14 August 2007

Nairobi — The way Kenyans view marriages, dowry, divorce and come-we-stay relationships will change significantly if a proposed new law is enacted.

The place of dowry in society could be weakened considerably, as the Marriage Bill 2007 proposes that it should not affect the validity of marriage in any way, unlike in the present set up where dowry is seen as a binding factor.

DOWRY BANNED, POLYGAMY ALLOWED
Friday, 08 July 2011 00:02 BY FRANCIS MUREITHI

Payment of dowry is illegal but polygamy is allowed. Those proposals are included in the new Marriage Bill released by the Commission for Implementation of the Constitution yesterday which seeks to introduce sweeping changes in the institution of marriage.

The Bill will legalize ‘come-we-stay’ arrangements. “Where it is proved that a man and woman having capacity to marry have lived together openly for at least two years in such circumstances as to have acquired the reputation of being husband and wife, there shall be a rebuttable presumption that they were duly married,” says article 7 of the Bill.

Thousands of people live together as married couples, especially in urban areas. If passed, this proposal will greatly assist those women and children who have in the past been disinherited on the death of their husbands and fathers because there had been no formal marriage. And for prospective in-laws who have commercialized dowry by demanding cash payments of up to Sh2 million, the Bill provides that there will be no legal provisions for a family or anyone to demand payment.

The proposed law defines dowry as “any payment of stock, goods, money or other property made or promised in consideration of an intended marriage.” It therefore applies both to payment of bride price, and to the dowry brought by a bride to a new husband.

Article 54 provides that “An agreement to give dowry, whether made before or after the commencement of this Act, shall not be enforceable as a contract and the breach of any such agreement shall not give rise to any remedies for breach of contract.”

An attempt to recover dowry will not even be admissible in court. Article 55 states, “no action may be brought for the return of dowry whether in whole or in part.”

On polygamy, the Bill provides that if you are in a monogamous marriage, the status quo should remain. Men presently in a recognized monogamous marriage cannot convert to polygamous status.

However, unmarried men have the option of entering a monogamous or polygamous marriage. At the time of marrying, the groom can indicate that the marriage could be potentially polygamous which would give him a right to get married to other women.

No limit is placed on the number of polygamous marriages a man can enter into although the Bill states, “No married woman shall, while her marriage subsists, contract another marriage.” If the spouses agree, a polygamous marriage can be altered to a monogamous marriage. The Bill bars those already in polygamous marriages from dumping or entering a monogamous marriage with just one wife.

The Marriage Bill seeks to consolidate the various laws relating to marriage such as the Marriage Act, the Hindu Marriage and Divorce Act, the Mohammedan Marriage and Divorce Registration Act, African Christian Marriage and Divorce Act and the Subordinate Court (Separation and Maintenance) Act.

It clearly states that marriage shall be between a man and woman. A couple interested in getting married shall give the Registrar 21 days notice and indicate whether it will be a monogamous or potentially polygamous marriage. Where the intended husband is already married, the names of existing wives should be indicated in the notice. A marriage may be contracted in civil form, under customary law, Islamic form, Hindu ceremonies or Christian rites.

Those marrying will have to sign three marriage certificates—one for the district registrar or Kadhi, one for the husband and one for the wife. Presently, couples sign two copies, one of which is left with the registrar.

The Bill further states that unless the parties are legally separated or divorced, either spouse shall have the responsibility to provide the other with accommodation, clothing, food and other necessities.

Either spouse will have authority to pledge the other spouse‘s credit, to borrow money in his or her name, or to use any of his or her money which is in his or her possession or under his or her control.

Either spouse will have authority to convert movable property of the partner into money, and use it, so far as that credit or money is required or used for the purchase of necessities for himself or herself and any children of the marriage. In doing so, the spouse is required to have regard to the other spouse‘s means and way of life. Penalties for infringing this Act include being imprisoned for five years, or a Sh20,000 fine, or both.