‘To end their rivalry’
The agreement sets out a rota for Sylvester Mwendwa and Elijah Kimani to stay in her house and states they will both help raise any children she bears. Lawyers said the “marriage” would only be recognised if they could prove polyandry – a woman having more than one husband – was part of their custom.
Defending the “marriage”, Mr Mwendwa told the BBC Focus on Africa programme that while he may acting in breach of the law, he had decided to enter into a contract with Mr Kimani to end their rivalry. Mr Mwendwa told the BBC he did not marry the woman simply to satisfy his sexual desires but because he loved her and, most of all, her children.
Kenyan family lawyer Judy Thongori told the Daily Nation that the law does not explicitly forbid polyandry.
“The laws we have do not talk about it but for such a union to be recognised in Kenya, it has to be either under the statutory law or as customary marriage. The question we should ask now is whether these people come from communities that have been practising polyandry,” she is quoted as saying.
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Source: BBC News
Image: Gist Mania