The Institution of Woman-to-Woman Marriage in Kenya: Navigating between Culture and Human Rights
Authors Hon. Dr. Nancy Baraza
Affiliations: Chairperson of the Department of Public Law, School of Law, University of Nairobi
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 71 – 91
This article examines the woman-to-woman marriage institution in Kenya, and its benefits to the women involved and the society at large, vis-à-vis the human rights of women as guaranteed under international law and the Constitution of Kenya. The article argues that woman-to-woman marriage offers practical benefits to women and the larger society, although there is a need to ensure that the practice does not violate the rights of the women involved. The article notes that the institution is entrenched and the failure to promote it would be challenging and problematic. Instead, there is a need to ensure that constitutional protection of the practice and protection of the human rights of women are balanced.