PREMARITAL RELATIONSHIPS 101: DATING ACCORDING TO THE LAW

The Sexual Consent Age Drama or ‘The Juliet-Romeo Saga’ In Kenya Decriminalization Of Consensual Adolescent Sex, 2020

This book chapter addresses the topic of consensual adolescent sex. It assesses the constitunality of consensual adolescent sex under section 8 of the sexual offennces act. The book chapter argues that the criminalization of consensual adolescent sex in kenya is unconstitutional and is not justified under article 24 of the 2010 constitution.

were created i.e man and woman. From a Christian perspective , God( super-being) created the land , sky , waters and animals but still wasn't satisfied thus he created man named Adam and later a companion to the former , a woman , known as Eve. 1 This was later known as the first union on land reknown today as marriage.

2021

This article analyses the dilemmas encountered in enforcing the Kenyan law on defilement, focusing specifically on consensual sex between adolescents. It argues that, although punishing adults who have sex with minors is clearly justified, punishment cannot be justified in the case of minors who engage in “experimental” sex with each other. It challenges the current legal regime that allows only one minor (male) to be charged, and not the other (female), noting that neither of the mutual participants would feel vindicated by punishing the other. Similarly, it shows that charging both participants also poses legal and policy challenges. Consequently, it argues that charging adolescents for defilement when they have consensual sex with each other goes against the very policy that informed the adoption of the anti-defilement provisions. The article recommends that Kenya's legislation is reformed to create a legal regime that protects juveniles from sexual violation without victimiz...

2011

Marital rape is not a criminal offence in Kenya. This thesis argues that criminalization of marital rape in Kenya is a necessary but insufficient means of addressing marital rape. I shall analyze the Kenyan legal framework and the international framework. The analysis of the international framework shall be focused on the Convention on the Elimination of all forms of Discrimination against Women (CEDAW). I shall undertake a comparative analysis of how South Africa and Zimbabwe have addressed marital rape. I will examine the benefits and limitations of criminal law in addressing marital rape. I will argue that an examination of the wrongful gender stereotypes of married women is essential to create effective and holistic remedies; that wrongful gender stereotypes of married women violate their rights to equality and nondiscrimination and the right to be free from violence.

JOB OWIRO'S JOURNAL , 2022

This research work is meant to dissect the problem of having common law marriages in Kenya without a well stipulated legal framework.

African Human Rights Law Journal, 2021

SUMMARY This article argues that the provisions of the Kenyan Penal Code (sections 162 and 165) criminalising consensual sex between partners of the same sex limit the right to privacy enshrined in article 31 of the Constitution of Kenya of 2010. This limitation is not justifiable according to the Bill of Rights limitation clause in article 24 of the Constitution. Article 45(2) of the Constitution, which provides for a right to 'marry a person of the opposite sex', also does not justify this limitation. Embracing the idea of an open and democratic society, the Constitution precludes the state from imposing upon the individual moral choices, provided that those choices do not harm others. Therefore, the decision whether or not consensual sex is moral must be left to the individual concerned. By refusing to declare sections 162 and 165 unconstitutional in 2019, the High Court of Kenya misinterpreted the Constitution and consequently failed in its mandate to uphold the right to...

International Journal of Law,Management and Humanities, 2024

This paper focuses on partners in the nature of African Customary marriage; the Luo wedlock perspective, Kenya. Any state has no higher duty than to ensure that the institution of marriage is protected and the rights of the partners in the nature of the marriage are respected. It is important to note that, occasionally the Judicial officers tasked to determine the validity of the African customary marriages treat it as live-in relationship and the presumption of the nature of marriage by cohabitation and an act of general repute. The Luo Community had certain customary rites performed before the wedlock is declared. This study adopted desktop/online research design. The researcher gathered primary data from the Kenya constitution 2010, the statutes and the cases. The secondary data was sourced from journals, law text books and periodicals. The study revealed that African customary marriage has procedures and customary rites to adhere. I may conclude that Marriage Act 2014, has amplified the ingredients of a valid African Customary Marriage.

Journal of African history, 2003

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Journal of African Law, 2019

Woman-to-woman marriage is a form of customary marriage between two women, predominantly found in Africa. These customary marriages have been and to some extent still are conducted by various communities across Africa, including in Kenya. Communities such as the Kamba, Kisii, Nandi, Kikuyu and Kuria practise woman-to-woman marriages for a variety of reasons. The legal status of woman-to-woman marriages in Kenya is uncertain due to the provisions of article 45(2) of Kenya's Constitution of 2010 and section 3(1) of the Marriage Act of 2014, which stipulate that adults only have the right to marry persons of the opposite sex. However, a holistic and purposive reading of the constitution, taking into consideration its recognition of culture and the protection of children as important values in Kenyan society, and considering the historical context within which the provisions concerning same-sex marriages were included, leads to the conclusion that these provisions were not intended ...